Brent Adams has a post over at InjuryBoard where he exposes the dirty little secret behind ERISA law. Basically, claimants get hammered not because of the law itself, but because of the perversion of the law that has come from the federal courts, starting with the Supreme Court of the United States.
Here's the sad fact: employers could put an end to the travesty of ERISA by eliminating six words from every health benefit and disability plan.
Employers, if you care a wit about your employees, you should insist that no plan has these words:
WE HAVE THE DISCRETION TO DETERMINE BENEFITS.
These are the words that allow the insurance companies to tread all over your employees. Policies with "discretionary language" in them are literally no benefit at all.
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