Legal Opinion
Fogarty v. United Mine Workers of America Health & Retirement Funds
District Court, W.D. Virginia
Decided November 24, 1987No. Civ. A. 86-0129-BPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
GLEN M. WILLIAMS, District Judge.
This suit involves a dispute between a miner and the Trustees of a miners’ pension fund. The miner complains that the Trustees wrongfully denied him pension benefits by failing to give his claim a full and fair review. The court finds that the Hearing Officer’s decision to exclude non-documentary evidence was arbitrary and capricious and that her decision to deny a pension was not supported by substantial evidence. Accordingly, the court orders the Trustees to award the miner a pension.
I
The plaintiff in this suit is Carl E. Fogarty, a 62-year…
2Cases cited2 opinions
- Norman L. Horn v. Julius Mullins John J. O'COnnell Paul R. Dean United Mine Workers of America Health and Retirement FundsCourt of Appeals for the Fourth Circuit · 1981
- Wilkett v. DavisDistrict Court, E.D. Oklahoma · 1977
3Cited by2 opinions
- Roger Perkins Stephanie Perkins v. Valley Clerk Trust, Valley Clerks Health and Welfare Trust FundCourt of Appeals for the Ninth Circuit · 1993
- Spears v. ConnorsCourt of Appeals for the Sixth Circuit · 1997