Borota
Borota v. Arizona Pipe Trades Pension Trust Fund
Opinion
Lead Opinion
MEMORANDUM **
Peter J. Borota filed a complaint under ERISA, 29 U.S.C. § 1132 (a)(1)(B), against the Arizona Pipe Trades Pension Trust Fund, Local 469 (the Fund) contending that he was improperly denied a pension. Both parties filed motions for summary judgment. The district court granted summary judgment to the Fund because the complaint was not filed within the applicable six year statute of limitations, and Borota appeals.
Borota worked with employers subject to the Pension Plan between 1972 and 1983. During that period, the plan rules required that an employee earn a minimum of ten pension credits to qualify for a pension. Borota had worked sufficient hours to earn 7 3/4 credits. He accrued additional credit for time off in 1983 for an industrial injury, and an additional 3/4 credit for a 1973-74 injury, for a total of 9 1/4 credits. He sought further credit for disability related to carpel tunnel syndrome, which he contended was due to his employment. He had not received worker’s compensation, however, for that disability, and his request was denied on December 28, 1989, and upheld by the trustees in December 1990, when his claim accrued.