Isaac Thompson v. Long Term Disability Plan for Employees of Usg Corporation

87 F.3d 1322 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Isaac THOMPSON, Plaintiff-Appellant, v. LONG TERM DISABILITY PLAN FOR EMPLOYEES OF USG CORPORATION, Defendant-Appellee. No. 95-55030. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1996. * Decided June 18, 1996. Before: FARRIS, FERNANDEZ, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Isaac Thompson, a former employee of USG Corporation, appeals the district court's grant of summary judgment against him in his action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 . He challenged the Plan administrator's determination that he was not eligible for Long Term Disability payments because he was not permanently disabled following a 1990 automobile accident. We affirm. 1. Consideration of Additional Evidence 3 The Plan does not dispute that the district court properly reviewed the Plan's denial of Thompson's claim de novo. If a district court is reviewing an…