• In Ortega v. Orthobiologics, LLC, --- F.3d ----, No. 09-2305, 2011 WL 5041744 (1st Cir. Oct. 25, 2011), the First Circuit held that a disability plan’s one-year limitations period for filing suit was equitably tolled and did not bar the suit of a former employee who had no notice of it. The company’s plan was amended to include the one-year limitations period after the employee requested and received a copy of the plan during the internal appellate process, and the plan administrator failed to inform the employee in the final adverse benefit determination that he could file a lawsuit or that, in light of the new limitations period, he had to do so within one year. Although the court held that Ortega was not entitled to recover benefits on a claim of equitable estoppel because there was no evidence of unequivocal, intentionally deceptive conduct on the part of the company, the company’s failure to provide Ortega with the notice required by ERISA gave rise to equitable tolling of the limitations period. The court also noted that an employee need not be as diligent as possible for equitable tolling to apply and found that Ortega was “reasonably” diligent by requesting a copy of the plan and filing suit within four years of the denial of benefits.