Faith Munn v. Hertz Long-Term Disability Pla

Good Law
477 F. App'x 438
United States Court of Appeals for the Ninth CircuitApril 23, 201210-17757California394 words

Opinion

Opinion

MEMORANDUM

Plaintiff-Appellant Faith Munn (Munn) appeals from the district court’s entry of judgment for Defendants-Appellees Hertz Long-Term Disability Plan and Life Insurance Company of North America (collectively, LINA). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Even assuming that de novo review of LINA’s decision is appropriate, Munn presents no evidence that further dialogue with LINA would have rendered her claim successful.

LINA did not fail to credit Munn’s evidence that she had too much pain to work. In fact, LINA considered Munn’s reports of pain in deciding whether she was entitled to disability benefits. Munn shows no evidence even on appeal that her absences during the elimination period stemmed from related ailments as required by the plan. Munn also does not deny that there were gaps in her time off work during the elimination period, and she lacked a continuous period of disability over the period as the plan required. Thus, Munn’s argument to the contrary fails.

LINA was not…

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