Obradovich

Obradovich v. Burt Bell/Pete Rozelle NFL Player Retirement Plan

Good Law
48 F. App'x 255
United States Court of Appeals for the Ninth CircuitOctober 8, 2002No. 01-57108; D.C. No. CV-01-02414-DDPCalifornia690 words

Opinion

Lead Opinion

MEMORANDUM **

James R. Obradovich is a former professional football player who played on several National Football League (“NFL”) teams from 1975 to 1983. He suffers from neck and back pain resulting from degenerative disc conditions. In 1998, he applied for total and permanent disability benefits from the Burt Bell/Pete Rozelle NFL Player Retirement Plan (the “Plan”). He initially was denied benefits. Following his appeal of this denial, Obradovich was granted benefits, but, based on the Plan’s designated date of onset of total disability, he was not granted retroactive benefits and was awarded less than half the monthly benefits he sought. He then filed an ERISA action seeking a determination of an earlier onset date of total disability. After reviewing the designation of the onset date for abuse of discretion, the district court granted summary judgment in favor of the Plan. Obradovich appeals. Because the Plan’s designation of July 1, 2000 as the onset date was not an abuse of discretion, we affirm.

We review the district court’s choice and application of the standard of review applicable to claim decisions in the ERISA context de novo. See Taft v. Equitable Life Assur.…

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