McClaugherty v. Unum Life Insurance Company of America, et al, No. 2:2009cv01292 - Document 26 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION & ORDER denying Unum Group, Unum Life Insurance Company of America's 24 MOTION for Leave to Supplement Administrative Record; DISMISSING and STRIKING this action from the docket, as the claim is remanded to Unum for further action. Signed by Judge Joseph R. Goodwin on 7/19/2010. (cc: attys; any unrepresented party) (mkw)
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McClaugherty v. Unum Life Insurance Company of America, et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JOHN W. MCCLAUGHERTY, Plaintiff, v. CIVIL ACTION NO. 2:09-cv-01292 UNUM LIFE INSURANCE COMPANY OF AMERICA, et al., Defendants. MEMORANDUM OPINION & ORDER Pending before the court is a Motion by Unum Group and Unum Life Insurance Company of America (collectively, Unum ) for Leave to Supplement the Administrative Record [Docket 24]. Unum acknowledges that it was not entirely clear from the administrative record whether Unum s medical professionals focused on five pages of records provided by R. Kent Dean. (Mot. Leave Supplement Administrative R. ¶ 1.) Unum avers that on June 29, 2010, its in-house psychologist Dr. Zimmerman completed an addendum to her earlier reports to address these records, concluding that the records do not support a change to her previous determination. On the same day Unum filed this Motion for Leave, I issued a Memorandum Opinion and Order denying Unum s motion for summary judgment and the plaintiff McClaugherty s crossmotion for summary judgment, vacating the determination of the plan administrator, and remanding this action to the plan administrator, Unum, for its reevaluation, taking into account Dr. Dean s records. [Docket 25]. Dockets.Justia.com Unum s Motion for Leave [Docket 24] is DENIED. Unum must conduct a full and fair review of the record. 29 U.S.C. § 1133(2). A last-minute addendum to the administrative record is an insufficient response to Unum s apparent oversight, especially considering the weight Dr. Zimmerman had previously placed on the lack of treatment records from the time period addressed by Dr. Dean s records. This action is DISMISSED and STRICKEN from the docket, as the claim is remanded to Unum for further action. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: -2- July 19, 2010
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