United States District Court, E.D. Pennsylvania
January 29, 2014
STEPHANIE SCHOTT MOROS, Plaintiff,
CONNECTICUT GENERAL LIFE INSURANCE CO., Defendant.
NITZA I. QUIÑONES ALEJANDRO, District Judge.
AND NOW, this 28th day of January 2014, upon consideration of the parties' cross-motions for summary judgment [ECF 14, 16], responses in opposition to the cross-motions for summary judgment [ECF 17, 19], Plaintiff's reply [ECF 26], Defendant's statement of undisputed facts [ECF 14-1] and Plaintiff's response to Defendant's statement of undisputed facts [ECF 18], Plaintiff's complaint [ECF 1], Defendant's answer to the complaint [ECF 4], all the attachments to the motions and pleadings, and consistent with the memorandum opinion filed on this date, it is hereby ORDERED that:
1. Defendant's motion for summary judgment is DENIED.
2. Plaintiff's motion for summary judgment is GRANTED, in part.
3. This matter is remanded and Defendant is directed to conduct a functional capacity evaluation ("FCE") consistent with the recommendations of Linda Miller, M.D. Plaintiff is to submit to this FCE, which is to be performed at a mutually agreed upon date within the next sixty (60) days.
4. If warranted, the FCE results should be referred to the appropriate consulting experts for a complete peer review and assessment.