Mongeluzo

Mongeluzo v. Baxter Travenol Long Term Disability Benefit Plan

Good Law
46 F.3d 938·95 Daily Journal DAR 1418·18 Employee Benefits Cas. (BNA) 2771·1995 U.S. App. LEXIS 1759·95 Cal. Daily Op. Serv. 773
United States Court of Appeals for the Ninth CircuitJanuary 31, 1995No. 93-55702California2,186 words

Opinion

Lead Opinion

Leavy, J.

Raymond Mongeluzo appeals the district court’s grant of summary judgment in favor of the appellees, the Baxter-Travenol Long Term Disability Benefit Plan, Connecticut General Life Insurance Company, and Dynamic Controls, a division of Baxter Travenol Laboratories. Mongeluzo’s action is based on the denial of his claim for long-term disability benefits pursuant to section 502(a) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132 (a) (1985). 1 Mongeluzo contends the district court erred by refusing to consider new evidence tending to show that he was suffering from chronic fatigue syndrome when he was terminated from his employment in 1986. We reverse and remand.

FACTS

Mongeluzo, who has a Master’s Degree in Business Administration, began work as a hospital information specialist in November of 1985 for Dynamic Controls. His work, which he describes as very demanding, included frequent business trips and overtime. One month after the start of his employment, Mongeluzo suffered an umbilical hernia. He had corrective surgery in January of 1986 and immediately returned to a heavy workload. One week after his surgery, he developed white streaks on his tongue…

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