Facts

In October 1997, plaintiff Ray A. Deloach, a heavy equipment operator employed by the San Diego Gas & Electric Company (SDGE), suffered an injuring at work that resulted in chronic back and neck pain, and knee problems. His injuries required pain medication that subjected him to various side effects.

Deloach filed for total disability income benefits and was approved. However, these benefits were less than his workers' compensation payments. Therefore, Deloach chose to receive only workers' compensation benefits. These payments were set to end in June 2006.

SDGE scheduled a doctor's appointment for Deloach in order to get on disability after his workers' compensation benefits ended. However, the doctor concluded Deloach was fit for other types of employment. In April 2006, Deloach was informed he would not be receiving total disability income payments.

Deloach filed suit against SDGE and the company's pension plan, including Sempra Energy for improper withholding of benefits.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that his claims were timely filed and that all terms as well as conditions were satisfied so that he rightfully qualified for total disability income payments. He further claimed that all administrative remedies had been exhausted.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff did not qualify under the plan's definition of "disability" and thus, was ineligible for payment.

Injuries

The plaintiff sought the value of benefits to which he was denied. He also asked for a declaration entitling him to plan benefits and sought attorney fees plus costs.

Result

The judge granted defendant's motion for summary judgment.

Other Information

The plaintiff filed a motion for reconsideration.