Facts

Plaintiff Rose Wood worked for Xerox Corporation fabricating prototype semiconductor chips, which required extensive use of her upper extremities. She became disabled in 1999 with complaints of pain, weakness and numbness in her upper extremities. In January 2000, cervical spine surgery was performed, but did not have a good result. Her claim for disability benefits under the Xerox Employee Benefit Plan was initially paid, but ultimately denied. The plaintiff exhausted multiple levels of administrative appeals before filing suit.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she meets the plan’s definition of disability because she is unable to perform the material and substantial duties of any gainful occupation for which she is reasonably fitted by education, training or experience due to a preclusion from repetitive use of her upper extremities, which is supported by treating and examining physicians.

DEFENDANT'S CONTENTIONS:
The defendants contended that the plaintiff retained sufficient functional capacity to perform other occupations, and therefore she did not meet the definition of disability.

Result

The plaintiff first obtained partial summary judgment that the standard of review is de novo. The plaintiff then obtained summary judgment that she is entitled to long-term disability benefits. The parties stipulated to payment of retroactive benefits due ($164,226), reinstatement into the plan, prejudgment interest ($19,056) and attorney fees and costs ($60,323) and the court entered judgment on the stipulation.