6th Circuit: denial on basis of credibility without physical examination supports finding of arbitrary and capricious

In Godmar v. Hewlett-Packard Co., 631 Fed.Appx. 397 (6th Cir. 2015), the Court re-affirmed the notion that when LTD carrier denies a claim based on credibility findings concerning the plaintiff’s pain, without conducting a physical examination,  it will support a finding that the decision was arbitrary.

Like the administrators in Smith and Shaw, Sedgwick decided that Godmar’s pain was subjective without examining him, and that failure weighs in favor of a determination that the denial of his claim was arbitrary and capricious.

Godmar v. Hewlett-Packard Co., 631 Fed. Appx. 397 *, 2015 U.S. App. LEXIS 21467, 2015 FED App. 0801N (6th Cir.), 2015 WL 8290186 (6th Cir. Mich. 2015)