David M. Herrera v. Provident Life & Accident Insurance Co.

46 F.3d 1141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David M. HERRERA, Plaintiff-Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE CO. Defendant-Appellee. No. 93-16340. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 16, 1994. Decided Jan. 9, 1995. Before: TANG, REINHARDT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff-Appellant David M. Herrera, an employee of Amdahl Corporation ("Amdahl"), suffered an injury to his back in May, 1989. Herrera claims that his back injury qualifies him to receive a $250,000 lump sum benefit under an accidental death and dismemberment plan insured by Provident Life & Accident Insurance Company ("Provident Life"). 3 The district court, after a bench trial, found against Herrera. The court found that Herrera could return to work and was not totally disabled. Herrera appeals the district court's judgment in favor of Provident Life. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I.…