Offenberg v. UNUM Life Insurance Co. of America

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants’ motion for summary judgment. 1 After careful consideration, the Court DENIES Defendants’ motion without prejudice and REMANDS Plaintiff Grant R. Offenberg’s disability claim to the Plan Administrator for consideration of further evidence.

I. FACTUAL BACKGROUND

Offenberg was a full-time salaried employee of Defendant Olin Corporation. He had worked over 22 years for Olin when he became permanently and totally disabled in April of 1993. Offenberg has a back condition which has required two spinal surgical procedures. In 1993…