Rodden

ORDER RE: PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT

On December 12, 2008, the Court heard argument on the parties’ cross-motions for summary judgment. After consideration of the parties’ papers and the record, the Court hereby GRANTS plaintiffs motion and DENIES defendant’s motion except as noted in footnote l.

BACKGROUND

This case arises out of defendant Jefferson Pilot Financial Insurance Company’s (“JPF”) termination of plaintiffs long term disability benefits in May 30, 2006, when JPF determined that plaintiff no longer met the Sanyo Long Term Disability Plan’s definition of “disabled” because she was able to perform the functions of her occupation, “Office Manager.” Plaintiff Lois Rodden is a 65 year old woman who began working as an Office Manager at Sanyo Semiconductor Corporation in June 2000.

In February 2004, plaintiff developed right tendinitis and epicondylitis that caused numbness and pain in her right hand, fingers and arm. Flanagan Deck Ex. B at 84, 226. Initially plaintiff sought treatment from a licensed acupuncturist, but that treatment did not resolve her symptoms. Id. at 239, 282. Plaintiff was also seen at the South Bay Pain and Rehabilitation Clinic for…