Owens

Jeffrey M. Owens (“Owens”) appeals the district court’s grant of summary judgment in favor of FMC Corporation (“FMC”). The district court determined that it had subject matter jurisdiction under the Employee Retirement Income and Security Act of 1974 (“ERISA”), specifically 29 U.S.C. § 1132 (a)(3), to hear FMC’s claim for reimbursement. The district court’s finding is REVERSED. The remedy sought by FMC is not available under 29 U.S.C. § 1132 (a)(3).

I. FACTS

FMC is the Plan Administrator and a plan fiduciary for the FMC Health Care Plan, the FMC Short-Term Disability Plan, and the FMC Long-Term Disability Plan, (hereinafter collectively referred to as the “Plans”) under which benefits are paid to employees of FMC Corporation and its subsidiaries. Each of the Plans specifically provides that FMC, as Plan Administrator, has discretionary authority to construe and interpret its terms. Owens was an employee of FMC Gold Company, a subsidiary of FMC and, as such, was a participant in the Plans.

On November 8, 1991, Owens was in an automobile accident. As a result of the accident, Owens incurred medical bills and was absent from work. The FMC Health Care Plan paid his medical bills,…