Dow Corning Trust v. Claimants' Advisory Committee

I concur with the majority opinion’s conclusion that the Plan definition of “total disability” requires a showing of disability in both vocational and self-care activities. In my opinion, that conclusion is required by the rules of English grammar, as recognized by the majority opinion, and by simple common sense. I write separately because I believe the majority opinion’s discussion confuses, rather than clarifies, the standard of review in cases such as these. I must also dissent from the majority opinion’s holding that the Plan definition of “Breast Implants” is ambiguous and its…