De Novo review is not a chance to add evidence
In Opeta v. Northwest Airlines Pension Plan, the Ninth Circuit reversed the district court decision which had upheld a denial of benefits under the plan. The Court held that the district court erred in admitted evidence extrinsic to the administrative record, as such evidence was not necessary for review. The ERISA plan at issue here gave the final determination of eligibility to an independent physician, who found Opeta permanently and totally disabled. In a trial de novo before the district court, the Plan presented evidence of a videotape of Opeta performing yard word. The independent physician testified that had he been aware of that evidence, he would not have found Opeta to be totally disabled. However, the admission of this evidence was error, as the Plan could have, but failed to present such evidence to the physician at the time he made his determination. The district court could have conducted an adequate de novo review of the administrative record without admission of such evidence.
