McDowell v. GE Pension Plan, S.D. Ohio
Breach of Employment Contract, Wrongful Discharge in Violation of Public Policy, and Age and Disability Discrimination. The total amount at issue was in excess of $100,000. Dismissed upon motion for summary judgment. In granting GE summary judgment, the court concluded that the pension board was not arbitrary or capricious in its determination that the injured party was capable of performing her occupation as a value engineer. The injured party carried the burden of establishing that she was permanently incapacitated for work as a value engineer. The overwhelming evidence before the pension board indicated that the injured party was able to resume work as a value engineer and specified that she was not permanently disabled. The court also concluded that, contrary to the injured party's contention, the pension board was not obligated to follow the Social Security Administration's decision to award the injured party total and permanent disability benefits.