Imperial Palace, Inc. v. Odekirk

36 F.3d 1102 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. IMPERIAL PALACE, INC. V.E.B.A. Trust Employee Medical Benefit Plan; Imperial Palace, Inc., V.E.B.A. Trust and Ralph Engelstad as Trustee; Provident Life and Accident Insurance Company, Defendants-Appellants, v. Roy L. ODEKIRK, Plaintiff-Appellee. No. 93-15229. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 12, 1994. Decided Sept. 2, 1994. 1 Before: NORRIS, THOMPSON, and TROTT, Circuit Judges 2 MEMORANDUM * 3 Roy Odekirk was employed by Imperial Palace and covered under its employee benefit plan ("the Plan"). While performing a two-hour freelance job not related to his work at Imperial, Odekirk fell off a moving platform and was rendered paraplegic. The Plan refused to pay Odekirk's medical bills, citing to a provision of the Plan which excluded benefits for "work-related illness." Odekirk filed a claim in federal court pursuant to 29 U.S.C. Sec. 1132 (a)(1)(B) of the Employee Retirement…