Legal Opinion

Concha B. Server v. Interpace Corporation

Court of Appeals for the Ninth Circuit

Decided October 1, 1981No. 79-3832PublishedCited by 8 opinions

1Opinion of the Court

POOLE, Circuit Judge.

The district court granted Concha Server’s motion for summary judgment finding that as a matter of law the offset of Server’s workers’ compensation benefits against her retirement benefits violated provisions of ERISA. Appellant, Interpace Corporation, appeals and we reverse.

FACTS

Appellee, Server, was an employee of Interpace from July 26, 1951 until October 1, 1975 when she suffered a job related back injury that left her 68% permanently disabled. At the time of the injury she held the position of ware sorter. She was awarded $25,690.00 in disability indemnity payable at…

2Cases cited4 opinions

  1. Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
  2. United States v. Stauffer Chemical CompanyCourt of Appeals for the Sixth Circuit · 1982
  3. Buczynski v. General Motors Corp.Court of Appeals for the Third Circuit · 1980
  4. Buczynski v. General Motors Corp.District Court, D. New Jersey · 1978

3Cited by8 opinions

  1. Losada v. Golden Gate Disposal Co.Court of Appeals for the Ninth Circuit · 1991
  2. Dawson v. WhalandDistrict Court, D. New Hampshire · 1982
  3. Robert A. Huppeler, Edwin C. Magli and Ellwood Sandmire v. Oscar Mayer Foods Corporation, Plan Administrator, and Pension Plan No. 1Court of Appeals for the Seventh Circuit · 1994
  4. 28 Fair empl.prac.cas. 1481, 29 Empl. Prac. Dec. P 32,802 David La Riviere v. Equal Employment Opportunity Commission, California Highway Patrol and G. B. Craig, as Commissioner of the ChpCourt of Appeals for the Ninth Circuit · 1982
  5. Employee Benefits Committee Of The Retirement System Of Hawaiian Telephone Company v. Eleanor PascoeCourt of Appeals for the Ninth Circuit · 1982

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