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Employment – ERISA — disability

By: WISCONSIN LAW JOURNAL STAFF//July 10, 2012//

Employment – ERISA — disability

By: WISCONSIN LAW JOURNAL STAFF//July 10, 2012//

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United States Court of Appeals For the Seventh Circuit

Civil

Employment – ERISA — disability

Where surveillance shows an employee capable of lengthy strenuous activity, her claim for disability was properly denied.

“The shopping was not one isolated episode of activity, but a series of long days filled with lots of activity after Dr. Marantz had already put in her part-time hours at work or in testing. C.f. Maher, 665 F.3d at 294 (noting that the brief periods of slightly more vigorous activity may have been isolated examples on a ‘good day.’) The video shows numerous activities during parts of the day that Marantz claims she is unable to work. From it, the district court inferred that Dr. Marantz was neither fatigued nor in pain as a result of light work activity of sitting, driving, standing, walking, and lifting items that weighed up to fifteen to twenty pounds. (R. 143 at 18). The district court properly noted that the surveillance evidence by itself was not dispositive, but that it did impact Marantz’s credibility and was probative evidence of her functional limitations. Id. at 19-20. Not only was the surveillance video relevant because it contradicted Marantz’s self reports, but the district court also considered it within the proper context of the other evidence.”

Affirmed.

10-1136 Marantz v. Permanente Medical Group, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Holderman, J., Rovner, J.

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