The employer's resort to an agreement extraneous to the plan and its determination that the employee was entitled to the increased benefits are in direct conflict with the terms of the plan; as such, the employer's decision is arbitrary and capricious and not entitled to "full force and effect" under the plan.
April 26, 2004 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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