Ervin B. Madden v. Itt Long Term Disability Plan for Salaried Employees Federal Electric Corporation

Good Law
914 F.2d 1279·1990 WL 131858·13 Employee Benefits Cas. (BNA) 1564·1990 U.S. App. LEXIS 16317
United States Court of Appeals for the Ninth CircuitSeptember 17, 199089-55505California3,758 words

Opinion

Opinion

Brunetti, J.

Ervin Madden (“Madden”) filed suit against his employer, Federal Electric Corp. (“Federal”), and its long-term disability plan, ITT Long Term Disability Plan for Salaried Employees (“the Plan”), pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132 (a)(1)(B), to recover benefits allegedly due him under the terms of the Plan, arising out of the termination of Madden’s long-term Plan disability benefits by Metropolitan Life Insurance Co. (“Metropolitan”), ITT’s delegate, and seeking contractual damages, injunctive relief, and attorney’s fees.

A. Factual and Procedural Background

Madden was employed by Federal for nine years as a management employee. He has extensive education and experience in communications and electronics, including supervisory positions. On February 13, 1983 Madden suffered a spinal injury that resulted in his inability to return to work at Federal. Because of this injury, Madden applied for long-term disability benefits from the Plan.

The Plan provides two standards of disability qualifications:

(emphasis in original).

From the period September 1983 through August 1985, Madden’s own chosen physician, Dr. Edward A.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.