Loban

MEMORANDUM **

Glen Loban appeals the district court’s ruling following a bench trial denying him long-term disability benefits under an employee benefit plan covered by the Employee Retirement Income Security Act of 1974 (“ERISA”). As grounds for denying *794 benefits claimed by Loban, the district court held that Loban was not disabled from his regular occupation. We REVERSE and REMAND the case to the district court for consideration anew on the issue of whether travel was a material and substantial duty of Loban’s regular occupation.

I

Loban was employed by Divine Tower as a Regional Director for Market Deployment. For twenty years Loban suffered from back pain; however, in 2001 he claimed that his pain increased significantly following two accidents. In late 2001, Loban asked his employer for a reduced travel schedule and by early 2002 stopped working entirely.

On his disability claim form, Loban’s physician listed disc degeneration and protrusion, spondylolysis, and annular tears as the illness that caused Loban to stop working. In 2002, Loban planned to undergo back surgery to alleviate his back pain. Loban then applied for and was granted disability benefits pending…