Dragu

Dragu v. Motion Picture Industry Health Plan for Active Participants

Good Law
144 F. Supp. 3d 1097·2015 WL 7274202·2015 U.S. Dist. LEXIS 157614
United States District Court, Northern District of CaliforniaNovember 16, 2015Case No. 14-cv-04268-RSCalifornia6,636 words

Opinion

Lead Opinion

Seeborg, J.

ORDER GRANTING PLAINTIFF’S AND DENYING DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff Elise Dragu mangled her jaw, mouth, teeth, and gums when she tumbled down a rocky creek while hiking in Northern California. She sought medical treatment for her various injuries from oral surgeon, Dr. Robert A. Shuken, D.D.S., who recommended extracting the damaged teeth, inserting bone grafts where possible, implanting fixtures for implantation of abutments and crowns, and — lastly — installing abutments and crowns as replacements for the missing teeth. Dragu requested coverage for the medical procedures from her medical benefit plan, Defendant Motion Picture Industry Health Plan for Active Participants (“the Plan”), which is subject to the requirements of the Employee Retirement Income and Security Act (“ERISA”), 29 U.S;C.§ 1001 et seq.

The Plan initially denied coverage for dental implants, including the implantation of fixtures and placement of abutments and crowns, on the basis that “Dental services are not covered under the Plan.” Keenley Decl. Ex. 4 at 532. 1 Dragu appealed the adverse determination to the Plan’s Benefits/Appeals Committee. After reviewing the…

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