LUCAS v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON et al

Filing 19

ORDER THAT PLAINTIFF KELLY LUCAS MOTION FOR DISCOVERY IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 12/12/11. 12/13/11 ENTERED AND E-MAILED AND FAXED.(jl, )

IN THE UNITEU STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KELLY LUCAS
CIVIL ACTION

v.

fiLED

NO. 11-4417

011

LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON ET AL.

~~DER
AND NOW, this

/.2. '>.t.dayof

~

, 20 II, upon consideration of

Plaintiff Kelly Lucas's Motion for Discovery, and all papers submitted in support thereof and in

opposition thereto, it is ORDERED that the Motion be GRANTED IN PART and DENIED IN
PART as follows:

I.

Plaintiff may take one deposition of Defendants' Appt:al Review Consultant,
Stephanie Berry, on the subjects of (i) why Berry relied upon a peer review
opinion of Plaintiffs disability and ignored two prior independent medical
examinations finding Plaintiff disabled and a functional capacity examination that
determined that Plaintiff had less than sedentary capacity, (ii) why Berry ignored
Plaintiffs' treating doctors' opinions and (iii) why Berry failed to address
Plainliffs unchanged back condition.

2.

In all other respects, the Motion is DENIED.

IT IS SO ORDERED.