McCann v. Unum Provident, No. 16-2014 (3d Cir. 2018)Annotate this Case
Dr. McCann, a radiologist certified in the specialty of interventional radiology, purchased a supplemental long-term disability insurance policy from Provident. After initially issuing payments under the policy, Provident terminated Dr. McCann’s disability benefits based on a determination that Dr. McCann was primarily practicing as a diagnostic radiologist—rather than as an interventional radiologist—at the time he became disabled. The Third Circuit remanded for a determination of whether to consider whether Dr. McCann’s medical conditions prevent him from being able to perform his “substantial and material duties” as an interventional radiologist, as required by the terms of the policy. The court concluded that the claim was governed by the Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001. The Department of Labor has promulgated a safe harbor regulation exempting certain plans from the definition of an “employee welfare benefit plan” but McCann’s then-employer sufficiently endorsed the plan under which his policy was purchased to render the safe harbor inapplicable. Provident incorrectly defined Dr. McCann’s occupation in administering his disability claim; the claim must be evaluated in the context of his specialty—interventional radiology.