Darla Wyatt v. Masco Corporation Employees' Disability Income Benefit Plan

87 F.3d 1326 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darla WYATT, Plaintiff-Appellant, v. MASCO CORPORATION EMPLOYEES' DISABILITY INCOME BENEFIT PLAN, Defendant-Appellee. No. 95-55286. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1996. Decided June 17, 1996. Before: FARRIS, FERNANDEZ, and THOMAS, Circuit Judges. 1 MEMORANDUM * 2 Darla Wyatt appeals the district court's grant of summary judgment in her ERISA action challenging the denial of benefits under the Masco Corporation Employees' Disability Income Benefit Plan. We affirm. I. 3 The parties disagree on the proper standard of review. The Masco plan includes a section on "Claim Denial and Appeal Procedures." Under these procedures, a claim is first decided by the "Plan Supervisor," who must make a written decision on whether the claim will be paid or denied within 90 days after receiving the benefits claim. CR 13, Ex. 132 at 407. The employee can appeal the Plan Supervisor's…