March 21, 2005

Pat DiCarlo in South Carolina Lawyers Weekly

Pat DiCarlo is quoted in the article "No Tolling of ERISA Claim After Lawyer Missed Deadline - Equitable Relief Denied for Attorney's Oversight."

Mr. DiCarlo represented United Parcel Service in Gayle v. United Parcel Service, Inc., 2005 WL 545553 (4th Cir. 2005), the subject of the article. On March 9th the Fourth Circuit Court of Appeals held that a participant in a disability plan sponsored by her employer was precluded from suing to recover disability benefits because she did not comply with the plan's deadline for appealing initial claim denials. The Court reasoned that allowing the disability claim to proceed would render plan administrative deadlines meaningless.

This opinion offers valuable guidance to plan administrators who are faced with untimely claims or appeals.
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