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July 07, 2003
'Dueling Doctors' Ruling Favors Companies

In a unanimous decision, U.S. Supreme Court justices determined that employer-sponsored compensation plans for disabled workers do not have to defer to the views of the worker's physician in decisions about benefits eligibility. The case, Black & Decker Disability Plan v. Nord, 02-469, addressed the issue sometimes referred to as "dueling doctors."

Kenneth Nord was a material planner who ordered goods and maintained inventory levels for Kwikset, a Black & Decker subsidiary. His job involved sitting for up to six hours a day and standing or walking for two hours a day. Nord developed back pain and discussed it with his internist, who sent him to specialists; they concluded he could sit for only an hour a day and could not, therefore, perform job duties. After Nord filed a claim for disability benefits, the disability plan doctor examined him, determined that he could still do his job, and denied him benefits.

Nord sued the disability plan. He argued that the plan physician should have to give reasons why he disagreed with Nord's own doctors about his eligibility for benefits. Black & Decker and the Department of Labor maintained that it is wrong to assume that the treating physician, chosen by an employee, is more competent and responsible than a plan doctor reviewing the case.

An appeals court ruled in Nord's favor because the plan doctor had provided no rationale for his decision. Black & Decker argued against that position and won in the Supreme Court ruling.