Janet Roessel v. Rivendell of America, Inc., a Corporation W.J. Jones Administrative Services, Inc., a Montana Corporation, Jointly and Severally

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Janet ROESSEL, Plaintiff-Appellant, v. RIVENDELL OF AMERICA, INC., a corporation; W.J. Jones Administrative Services, Inc., a Montana corporation, jointly and severally, Defendants-Appellees. No. 91-35660. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Oct. 14, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Janet Roessel, an employee of Rivendell of America ("Rivendell"), appeals the district court's grant of summary judgment in favor Rivendell in her Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 , action seeking medical benefits under Rivendell's Employee Health Benefit Plan after she sustained a work related injury. Rivendell and its ERISA health care plan administrator, W.J. Jones Administrative Services, Inc. ("W.J. Jones"), filed motions for summary judgment arguing that the exclusionary language of the health benefit plan…