Sousa

JAMES V. SELNA, District Judge.

Cause called and counsel make appearances. The Court's tentative ruling is issued. Counsel make their arguments. The Court rules in favor of defendant in accordance with the tentative ruling as follows:

I. BACKGROUND

Plaintiff Paul D. Sousa ("Sousa") was a deputy sheriff with the Orange County Sheriffs Department and a member of the Association of Orange County Deputy Sheriffs ("AOCDS"). Sousa was insured under a group long-term disability ("LTD") policy administered by defendant Unum Life Insurance Company of America ("Unum"). In September 2002, Sousa exhibited symptoms of a cardiac condition and filed a disability claim under the plan. Unum awarded LTD benefits through November 21, 2002, at which time it determined that Sousa was able to return to work. Sousa filed a second disability claim in February 2003 asserting an orthopedic injury. Unum initially denied this claim Because Sousa had failed to return to his job in November 2002 and was therefore not in "active employment" when the injury occurred in January 2003.

Sousa subsequently appealed the denial of benefits on his cardiac claim and Unum ultimately concluded that he was not able to…