Lamantia
Lamantia v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan
Opinion
Lead Opinion
MEMORANDUM **
This is the third time we address the issues in this ERISA disability case. We first held that the district court should have applied abuse of discretion review rather than de novo review because the plan gave Voluntary Plan Administrators (“VPA”) “the discretionary power to construe the language of the Plan” and there was good faith communication between the claims administrator and Plaintiff-Appellant Karen LaMantia. LaMantia v. Voluntary Plan Administrators, 401 F.3d 1114, 1123 (9th Cir.2005) (“LaMantia I”). On the second appeal, we remanded this case for the district court to reconsider its decision in light of an intervening en banc decision, Abatie v. Alta Health & Life *666 Insurance Co., 458 F.3d 955 , 971 (9th Cir.2006). LaMantia v. Hewlett-Packard Co., 201 Fed.Appx. 485, 486 (9th Cir.2006). LaMantia now appeals the adverse grant of summary judgment denying her ERISA benefits, arguing (1) the panel should apply de novo review; (2) VPA abused its discretion in denying her petition for long-term benefits; and (3) the district court erred in failing to consider medical reports outside of the administrative record.