Gaither v. Aetna Life Ins. Co., 2004 WL 2457809 (10th Cir. Nov. 4, 2004)

Once it began paying benefits based on narcotic usage, Aetna would need a compelling reason to stop paying benefits. ERISA fiduciaries cannot shut their eyes to readily available information when the evidence in the record suggests that the information might confirm the beneficiary's theory of entitlement and when they have little or no evidence in the record to refute that theory.