Philip Lawrence v. Patrizio Moi

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LOREN SWEARINGEN, Case No. 2:20-cv-02052-MCS-JEM Plaintiff, FINDINGS OF FACT AND y CONCLUSION OF LAW

WESTLAKE HEALTH CARE PLAN;

BEBE GRORS BLE AMER || BLUE CROSS BLUE SHIELD, Defendants. 20 Plaintiff Loren Swearingen brings this action under the Employment 22 || Retirement Income Security Act of 1974 (“ERISA”) against Defendant Blue Cross 23 || Blue Shield of Georgia, Inc. dba Anthem Blue Cross Blue Shield (“Anthem”) 74 || alleging he was wrongfully denied his request for Proton Beam Radiation Therapy 25 || (‘PBRT”) under the terms of the Westlake Health Care Plan (“Plan”), which is a self- 26 || insured employee benefit plan. After reviewing the administrative record (“AR”) and 27 || considering the parties’ trial briefs, the Court makes the following findings of facts 28 || and conclusions of law.

I. FINDINGS OF FACT* Plaintiff's Claim and Appeal In November 2017, Plaintiff was a…