Gin

Gin v. Pennsylvania Life Insurance

Good Law
134 Cal. App. 4th 939·2005 Cal. App. LEXIS 1896·2005 Daily Journal DAR 14174·36 Cal. Rptr. 3d 571·2005 Cal. Daily Op. Serv. 10380
Court of Appeal of CaliforniaDecember 9, 2005A109541California3,039 words

Opinion

Opinion

Kline, J.

In this appeal we must determine whether benefits are due under an insurance policy that provides disability benefits for “accidental bodily injury” where the policyholder, over time, developed carpal tunnel syndrome as a result of her ordinary work activities. The superior court granted summary judgment to the insurance carrier, Pennsylvania Life Insurance Company (Penn Life), holding that appellant Kimberly Gin’s disability was not the result of an “accidental bodily injury” and thus not covered under the policy. Gin now appeals from that order, contending that her disability resulted from a series of “micro-traumas,” which constituted an “accidental bodily injury” as required by the policy. We conclude that Gin suffered no “accidental bodily injury” as that term is defined in the policy and in California law. Accordingly, we affirm the grant of summary judgment to Penn Life.

Factual and Procedural Background

In 1994, Gin went to work for United Parcel Service (UPS). She worked in UPS’s accounting office and described herself as a “COD clerk.” Her duties consisted largely of data entry, including inputting billings for UPS and paying out checks. She also occupied…

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