John P. McKenzie v. General Telephone Company of California, Dba Gtel

Bad Law
41 F.3d 1310·94 Daily Journal DAR 17134·1994 WL 673761·18 Employee Benefits Cas. (BNA) 2630·1994 U.S. App. LEXIS 34070
United States Court of Appeals for the Ninth CircuitDecember 5, 199493-15532California3,671 words

Opinion

Opinion

Nelson, J.

OVERVIEW

John P. McKenzie (McKenzie) brought suit against The Travelers Insurance Company (Travelers), GTEL, GTE Corporation, and GTE Long Term Disability Plan (Plan) pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 , to recover long-term disability benefits. Specifically, McKenzie relies on 29 U.S.C. § 1132 (a)(1)(B) which provides a cause of action for benefits due under the Plan. McKenzie challenges Travelers’ reevaluation of his disability pursuant to a more strict standard after eighteen months of disability. We affirm the district court’s grant of summary judgment in favor of the appellees, but hold that the district court’s consideration of vocational evidence, which was not in the administrative record, was improper and unnecessary.

FACTS AND PROCEDURAL HISTORY

In September 1987, McKenzie was hired by GTEL, an affiliate of GTE, to fill the position of Regional Service Manager. As a management level employee of GTEL, McKenzie qualified to participate in the Plan. The Plan is a contributory plan which provides for both short-term and long-term disability benefits and is underwritten by Travelers.

Eligibility for long-term…

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