Kenneth L. Nord v. The Black & Decker Disability Plan

Caution
2002 Daily Journal DAR 7861·296 F.3d 823·2002 WL 1492164·28 Employee Benefits Cas. (BNA) 2771·2002 Cal. Daily Op. Serv. 6262
United States Court of Appeals for the Ninth CircuitJuly 15, 200200-55689California3,813 words

Opinion

Opinion

Fletcher, J.

This case arises under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 , et seq. Plaintiff Kenneth Nord seeks disability welfare benefits from defendant Black & Decker Disability Benefits Plan (“Black & Decker” or the “Plan”). The district court granted summary judgment in favor of Black & Decker, holding that it did not abuse its discretion by denying Nord disability benefits under the terms of the Plan. Nord appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Based on our recent decision in Regula v. Delta Family-Care Disability Survivorship Plan, 266 F.3d 1130 (9th Cir.2001), we conclude that the district court erred in reviewing the disability determination for an abuse of discretion. We review de novo and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Kenneth Nord was formerly employed as' a Material Planner for Kwikset Corporation, a subsidiary of the Black & Decker Corporation. Nord’s responsibilities as a Material Planner included ordering goods, interacting with vendors, and maintaining inventory levels. The position is a sedentary one, requiring up to six hours of sitting and up to two hours of standing or walking per day.

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