Wessman

Wessman v. Provident Life & Accident Insurance

Good Law
606 F. Supp. 2d 1098·2009 WL 838126·2009 U.S. Dist. LEXIS 29805
United States District Court, Central District of CaliforniaMarch 26, 2009CV 08-01480 SJO (FMOx)California4,808 words

Opinion

Opinion

Otero, J.

ORDER AND JUDGMENT

The instant case arises under the Employee Retirement Income Security Act of 1974 (“ERISA”). The Court found this matter suitable for disposition without oral argument and vacated the trial date set for February 3, 2009. See Kearney v. Standard Ins. Co., 175 F.3d 1084, 1094-95 (9th Cir.1999). For the following reasons, the Court enters judgment in Defendants’ favor.

I. BACKGROUND

Plaintiff Barbara Wessman worked for 12 years as a Claims Administrator for PacifiCare Health Systems Incorporated (“PacifiCare”), until she ceased work in November 2001 due to injuries to her arms, knees, back and right shoulder. (Administrative Record (“AR”) 359, 726.)

While Wessman worked at PacifiCare, she participated in the PacifiCare Employee Benefit Plan (the “Plan”). (AR 4098-4154.) Under the Long Term Disability (“LTD”) portion of the Plan, Wessman could obtain total disability benefits equal to 60% of her salary, up to a maximum of $2500, after the 180-day elimination period and until age 65. (AR 4104, 4111-4114.) The Plan provides LTD benefits to employees who are totally disabled. The Plan defines one as totally disabled during the first 24 months they receive benefits…

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