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)
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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