Bowen
Bowen v. Consolidated Electrical Distributors, Inc. Employee Welfare Benefit Plan
Opinion
Opinion
Snyder, J.
Proceedings: (IN CHAMBERS): PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION (filed August 2, 2006)
I. INTRODUCTION AND BACKGROUND
The instant case is an action brought under 29 U.S.C. sections 1132 (a), (e), (f) and (g) of the Employment Retirement Income Security Act of 1974 (hereinafter “ERISA”). Plaintiff Cheryl Bowen sued Consolidated Electrical Distributors, Inc. (“defendant”), claiming that she is entitled to benefits under defendant’s Employee Welfare Benefit Plan (“Plan”), an employee benefit plan regulated and governed by ERISA. Plaintiff alleges that defendant has wrongfully and arbitrarily denied coverage for her prescribed daily doses of intravenous Benadryl and Phenergan. Mot. at 3. Defendant contends that the intravenous medications are not “medically necessary” as defined by the Plan, and therefore defendant acted properly in denying plaintiffs claims for coverage. Opp’n at 3 (citing Kelly Decl. at 12, 20 and Ex. 10.).
On July 26, 2006, plaintiff filed suit against defendant, alleging claims for (1) wrongful denial of medical benefits under 29 U.S.C. section 1132 (g)(1); and (2) equitable relief under 29 U.S.C. section 1132 (a)(1)(B).