Business Services Industry

NO LTD BENEFITS PARITY UNDER ADA: COURT.

Business Insurance, July, 1999

RICHMOND, Va.-The Americans with Disabilities Act does not require employer-sponsored long-term disability plans to provide the same level of benefits for physical and mental disabilities, according to the 4th U.S. Circuit Court of Appeals. Harold Lewis, the plaintiff in Harold Lewis vs.

Kmart Corp., Aetna Insurance Co. and Aetna Life Insurance Co., had been a manager for Kmart for several years. Mr. Lewis suffered from severe depression, and in 1995, he took a leave of absence from work. He was covered by a long-term disability plan that capped mental disability benefits at two years but provided benefits for physical disabilities until an employee reached 65. In 1996, more than a year before his mental disability benefits would end,...

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