Ashima James v. Liberty Life Assurance Co.

582 F. App'x 581
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 4, 2014
Docket13-2625
StatusUnpublished
Cited by19 cases

This text of 582 F. App'x 581 (Ashima James v. Liberty Life Assurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashima James v. Liberty Life Assurance Co., 582 F. App'x 581 (6th Cir. 2014).

Opinion

SILER, Circuit Judge.

Following an automobile accident, Ashima James was denied long-term disability benefits under her group disability insurance policy issued by Liberty Life Assurance Company of Boston (“Liberty Life”) to her employer DTE Energy (“DTE”). James filed this action against Liberty Life pursuant to the Employees Retirement Income Security Act (“ERISA”), and the district court awarded James long-term disability benefits. We AFFIRM.

BACKGROUND

I. James’s Disability Insurance

As a full-time employee of DTE, James was a participant in the Welfare Benefit Plan and was insured under the DTE Group Disability Income Policy (the “Policy”), which was issued by Liberty Life. In order to be eligible for long-term disability benefits during the first 24 months, the Policy employs an “Own Occupation” standard; namely, the claimant must be “unable to perform the Material and Substantial Duties of his regular occupation or any other occupation with the company for which the [claimant] is qualified and which is offered at not less than their current rate of pay.” After the 24-month period, a claimant may be eligible for continued benefits if she “is unable to perform, with reasonable continuity, the Material and Substantial Duties of Any Occupation.” The Policy defines “Any Occupation” as “any occupation that the [claimant] is or becomes reasonably fitted by training, education, experience, age, physical and mental capacity” to perform. The Policy also contains a 24-month maximum period for benefits where the claimant’s disability is due to mental illness.

A claimant seeking long-term disability benefits must produce proof of disability to qualify under the Policy. The Policy defines “Proof’ as:

the evidence in support of a claim for benefits and includes, but is not limited to, the following:
1. a claim form completed and signed (or otherwise formally submitted) by the [claimant] claiming benefits;
2. an attending Physician’s statement completed and signed (or otherwise formally submitted) by the [claimant’s] attending Physician; and
8. the provision by the attending Physician of standard diagnosis, chart notes, lab findings, test results, x-rays and/or other forms of objective medical evidence in support of a claim for benefits.

*583 II. James’s Accident and Resulting Medical Treatment and Examinations

On August 4, 2011, while on short-term medical leave for a surgery not relevant to this appeal, James was a passenger in a vehicle that was rear-ended by another vehicle. She was taken to an emergency room and the following day saw her primary care physician, Dr. Robert Chang, board-certified in internal medicine, who advised her to take off work for at least two weeks because of “strain to her thoracic spine and chest wall, contusions and strain.” He then referred her to a host of specialists throughout her treatment.

Dr. Thomas Nabity, who is board-certified in physical medicine and rehabilitation, treated James from August 2011 to February 2012. During his consult examination, Dr. Nabity found “worrisome” right shoulder pain with limited movement and ordered a magnetic resonance imaging (“MRI”) of the rotator cuff. He also diagnosed her with thoracic myofascial pain and anxiety attacks. He recommended James receive a formal psychiatric diagnosis and start physical therapy. He later ordered an MRI of her cervical spine because of James’s further complaints of pain. The MRIs revealed a right shoulder labral tear, supraspinatus tendonitis, and cervical degenerative arthritis with moderate to severe foraminal stenosis and mass effect on the cord. Dr. Nabity began administering epidural injections after James complained of worsening neck pain following an attempt to return to work. The injections improved her neck pain at first; however, her pain eventually returned and, according to Dr. Nabity, was “as severe if not more severe than before.” Throughout his treatment, he continually found that James was unable to return to work.

James was also referred to Dr. Cheryl Mazzara, a board-certified psychiatrist, who treated her from November 2011 to June 2012. Dr. Mazzara originally diagnosed James with major depressive disorder, single episode, moderate, and generalized anxiety disorder. She later diagnosed James with major depressive disorder, recurrent, severe without psychotic features, and generalized anxiety disorder, and retained this diagnosis throughout her treatment.

At DTE’s request, two doctors also conducted independent medical examinations (“IMEs”) of James. First, on October 11, 2011, Dr. Shlomo Mandel, board certified in occupational, internal, and environmental medicine, examined James and issued an IME report to DTE. Dr. Mandel found tenderness in James’s paracervical and trapezius region, as well as “very limited” range of motion in the cervical spine “with significant decrease in flexion and extension, as well as rotation and side bending bilaterally.” Dr. Mandel found that her “[plhysical examination [was] remarkable for extensive subjective difficulty, with very little range of motion of the shoulders and essentially no grip measured in the right compared to the left upper extremity.” However, he concluded that, while “there [were] a great deal of subjective findings” and James’s prognosis was fair, there was an “absence of any objective clinical findings to substantiate her ongoing complaints,” and James could return to work without limitation.

Second, psychiatrist Dr. Saul Forman examined James on two occasions. In his first IME report in October 2011, Dr. For-man diagnosed James with posttraumatic stress disorder (“PTSD”), acute, with depression, and found that her prognosis was fair. However, he concluded that, “[f]rom a psychiatric point of view, she [was] able to work without restriction.” Then, in his second IME report in December 2011, Dr. Forman changed his opinion and found *584 James unable to return to work. During his examination, he asked James to complete a Beck Depression Inventory test, which indicated that James had significant depression. Dr. Forman diagnosed James with mood disorder due to general medical condition with severe depression, major depressive disorder, single episode, and PTSD with depression.

III. James’s Application for Long-Term Disability Benefits

DTE paid James’s six-month short-term disability benefits through February 24, 2012, without objection. However, on March 2, 2012, Liberty Life denied James’s claim for long-term disability benefits, finding that she did not meet the “own occupation” definition of disability under the Policy. In addition to considering the results of the IME reports of Drs. Mandel and Forman, Liberty Life also supported its decision with the reports of two doctors who conducted file reviews but did not personally examine James. Dr. Thomas Gratzer, board-certified forensic psychiatrist, and Dr. Jaime Foland, board-certified in physical medicine and rehabilitation and pain medicine, submitted a joint report of their findings from the file review.

After listing what medical documents he had reviewed, Dr. Gratzer found “a lack of objective evidence to indicate that Ms.

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582 F. App'x 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashima-james-v-liberty-life-assurance-co-ca6-2014.