Keller

Keller v. Albertsons, Inc. Employees' Disability Benefits Plan

Good Law
589 F. Supp. 2d 1205·2008 WL 5216030·2008 U.S. Dist. LEXIS 103140
United States District Court, Central District of CaliforniaDecember 15, 2008CV 07-06406 SJO (RCx)California2,276 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 October 22, 2008. See Kearney v. Standard Ins. Co., 175 F.3d 1084, 1094-95 (9th Cir.1999). For the following reasons, the Court enters judgment in Keller’s favor.

I. BACKGROUND

Plaintiff Warren Keller worked for Al-bertsons, Inc. as a Loss Prevention Manager from 1990 until 2003, when he stopped work due to various injuries and health conditions including hypertension, cardiac arrhythmia, lumbar degenerative joint disease, a knee meniscal repair, and a torn shoulder rotator cuff. (Administrative Record (“AR”) 12, 153.) Keller received benefits under Defendant Albert-sons Inc. Employees’ Disability Plan (the “Plan”), but after two years his benefits were terminated. (AR 1.)

The Plan provides long-term disability benefits to Albertsons employees who suffer from a total disability, defined by the Plan as “the complete inability of the Employee to perform any and every duty of his or her regular occupation with the Employer.” (AR 208.) This “own occupation”…

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