O'Hara v. ITT Industries Incorporated, No. 10-1433 (2d Cir. 2011)
Annotate this CasePlaintiff sued defendant, National Union Fire Insurance Company of Pittsburgh ("National Union"), claiming disability benefits under the Employee Retirement Income Security Act of 1974 after a trip and fall injury. At issue was where plaintiff's presence at work precluded her from showing that she was disabled during that period and whether a reasonable factfinder could conclude that she was disabled within the meaning of National Union's plan. The court held that an employee's continued presence at her place of employment did not preclude a finding of disability when there was evidence that the employee was incapable of performing her job. The court also held that summary judgment in favor of defendant was improper when evidence presented by plaintiff indicated that there was a genuine issue of material fact where a reasonable factfinder could conclude that plaintiff was entitled to disability benefits under the plan.
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