MOROS v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY

Filing 35

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED, IN PART. THIS MATTER IS REMANDED, ETC. IF WARRENTED, THE FCE RESULTS SHOULD BE REFERRED TO THE APPROPRIATE CONSULTING EXPERTS FOR A COMPLETE PEER REVIEW AND ASSESSMENT. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 1/28/2014. 1/29/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

STEPHANIE SCHOTT MOROS
Plaintiff

NO. 12-5468

v.
CONNECTICUT GENERAL LIFE
INSURANCE CO.
Defendant

ORDER
AND NOW, this 28th day of January 2014, upon consideration of the parties' cross-

motions for summary judgment [ECF 14, 16], responses in opposition to the cross-motions for
summary judgment [ECF 17, 19], Plaintiffs reply [ECF 26], Defendant's statement of
undisputed facts [ECF 14-1] and Plaintiffs response to Defendant's statement of undisputed
facts[ECF 18], Plaintiffs complaint [ECF 1], Defendant's answer to the complaint [ECF 4], all
the attachments to the motions and pleadings, and consistent with the memorandum opinion filed
on this date, it is hereby ORDERED that:
1. Defendant's motion for summary judgment is DENIED.

2. Plaintiffs motion for summary judgment is GRANTED, in part.
3. This matter is remanded and Defendant is directed to conduct a functional capacity
evaluation ("FCE") consistent with the recommendations of Linda Miller, M.D. Plaintiff is to
submit to this FCE, which is to be performed at a mutually agreed upon date within the next
sixty (60) days.
4. If warranted, the FCE results should be referred to the appropriate consulting experts
for a complete peer review and assessment.

BY THE COURT: