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Employment Law
Wrongful Termination
ERISA

Dierro Muniz v. Amec Construction Management Inc., et al.

Published: Aug. 1, 2009 | Result Date: Mar. 30, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 2:07-cv-08066-CAS-AJW Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Charles J. Fleishman
(Fleishman Law Firm)


Defendant

Adrienne Clare Publicover
(JAMS)

Russell H. Birner


Facts

In 1991, Dierro Muniz stopped working for Amec Construction Management Inc. because he had contracted HIV. Muniz received long-term disability benefits, issued by Connecticut General Life Insurance Company, through his employer. The policy provided benefits beyond a 24-month period after a determination of total disability. On Sept. 8, 2006, Connecticut General terminated Muniz's benefits due to a lack of medical documentation to support the total disability determination. Muniz sued Connecticut General under ERISA.

Contentions

PLAINTIFF'S CONTENTIONS:
Muniz alleged that his disease prevented him from going to work.

DEFENDANT'S CONTENTIONS:
The defense contended that Muniz did not fall within the policy's definition of "totally disabled."

Result

The court found in favor of the defense.

Other Information

Muniz has appealed.


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