Graham v. Hartford Life & Accident Ins. Co.

In Graham v. Hartford Life & Accident Ins. Co., 2009 U.S. App. LEXIS 28550 (December 29, 2009), the Tenth Circuit determined that ERISA governed a plan established by the National Rural Letter Carriers Association, the exclusive collective bargaining representative, because the United States Postal Service did not establish the Plan or contribute payments to it, and thus, it was not exempt from ERISA. Thereafter, applying Glenn, the Tenth Circuit agreed that the award of disability retirement was not evidence of a disability even though Hartford did not explain how it weighed this evidence.