CARDEN v. AETNA LIFE INS. CO.

No. 07-2165.

559 F.3d 256 (2009)

Larry CARDEN, Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2009.


Attorney(s) appearing for the Case

ARGUED: Robert Edward Hoskins, Foster Law Firm, L.L.P., Greenville, South Carolina, for Appellant. Thomas Edward Vanderbloemen, Gallivan, White & Boyd, P.A., Greenville, South Carolina, for Appellee. ON BRIEF: Jennifer E. Johnsen, Nicole J. Buntin, Gallivan, White & Boyd, P.A., Greenville, South Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge SMITH joined.


OPINION

NIEMEYER, Circuit Judge:

In paying Larry Carden monthly benefits under a long-term disability plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), Aetna Life Insurance Company, the insurer and administrator of the plan, offset workers' compensation benefits that Carden received for an illness unrelated to his disability. Aetna relied on its reading of the plan's offset provisions...

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