Dames

MEMORANDUM **

Diane Dames appeals a summary judgment which denied benefits under her ERISA long-term disability insurance plan. The district court construed the contractual documents, reviewed the medical reports, and concluded that Paul Revere had not “wrongfully terminated” her benefits for disability by arbitrarily nullifying a longer benefit period for a physical cause of disability and substituting a shorter benefit period for a mental cause of disability. We affirm.

Dames worked as an office manager at Image Builder Software, Inc. After complaining that she was sexually harassed at work, Dames sought medical attention from Dr. Barbara Graham, an internist. Dr. Graham concluded that Dames was experiencing insomnia and “situational depression” due to “severe psychological stressors” at work. She recommended a six-week leave of absence and prescribed Paxil, an anti-depressant medication.

While continuing on leave, Dames again visited Dr. Graham, who diagnosed: “Insomnia secondary to severe psychological stressors. Her situational depression is deepening.” She recommended that Dames begin treatment with a mental therapist and continue taking anti-depressants.

In October…