Comment #: 35617
Rating:Not Rated
Comments:
She was part of a 3 judge panel that affirmed a decision denying disability benefits to one clearly entitled to them. Mr. Alves was, according to the defendant's doctor, unable to sit for more than 4 hours in an 8 hour workday and therefore, as a matter of law, totally disabled and entitled to disability benefits under the Hewlett-Packard disability plan for its employees. In a memorandum decision, without oral argument, the panel held that the law did not support the proposition that a person unable to sit for more than 4 hours is totally disabled. The law was clear. The panel ignored the law and, indeed, denied its existence even though the trial judge recognized it as did the defendant. Surely the panel members were aware of the law and their error but refused to amend the decision. She is evil and a stain on our judicial system.