Haddad
Haddad v. SMG Long Term Disability Plan
Opinion
Lead Opinion
Williamorrick, J.
ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT
INTRODUCTION
The question in this ERISA denial of disability benefits case is -whether disabling symptoms caused by a surgery to treat a pre-existing condition fall under a limitation of benefits for disabling symptoms “that result[] from, or [are] caused or contributed to by, a Pre-existing Condition.” There is no dispute that: (1) plaintiff Dr. Fadi G. Haddad (Haddad) had a preexisting condition of cervical radiculopathy in the C5-6 cervical disk and that condition caused (prior to the surgery) non-disabling but significant and deteriorating neck pain as well as pain and paresthesia from the top of his right arm down to his right thumb; ■ (2) the surgery he underwent in March 2015 was to alleviate the cervical radiculopathy by replacing the diseased disk, and that he was advised pre-surgery that the operation carried risks of spinal injury and equipment failure; and (3) after that surgery, Haddad’s right -side symptoms improved dramatically (or were totally alleviated) but Haddad started to suffer from non-pre-existing and disabling symptoms on his.left side stemming from the C5-6 disk area. '