Bernard Cavegn v. Twin City Pipe Trades Pension Plan

223 F.3d 827, 25 Employee Benefits Cas. (BNA) 1433, 2000 U.S. App. LEXIS 20934, 2000 WL 1166323
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 18, 2000
Docket99-3518
StatusPublished
Cited by22 cases

This text of 223 F.3d 827 (Bernard Cavegn v. Twin City Pipe Trades Pension Plan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bernard Cavegn v. Twin City Pipe Trades Pension Plan, 223 F.3d 827, 25 Employee Benefits Cas. (BNA) 1433, 2000 U.S. App. LEXIS 20934, 2000 WL 1166323 (8th Cir. 2000).

Opinion

HANSEN, Circuit Judge.

Bernard Cavegn filed an action against the Twin City Pipe Trades Pension Plan (plan) seeking to recover retroactive disability retirement benefits pursuant to ERISA. 2 The district court granted the plan’s motion for summary judgment after concluding that Cavegn’s claims are barred by a two-year statute of limitations. Ca-vegn appeals. We reverse.

I.

Facts and Background

On October 28, 1994, Cavegn suffered a back injury while working as a pipefitter for the University of Minnesota. About a year later, Cavegn submitted an application with the plan for disability pension and health care benefits. On October 30, 1995, the plan administrator denied Ca-vegn’s application after concluding that he failed to demonstrate that he was totally *829 disabled. Cavegn appealed the administrator’s decision to the plan’s trustees, but the trustees rejected his appeal. Cavegn once again appealed the plan’s denial of his request for pension benefits and, on May 31, 1996, the trustees once again affirmed the plan’s finding that Cavegn failed to prove that he was totally disabled. Ca-vegn then filed an application for disability benefits with the Social Security Administration (SSA). In September of 1996, the SSA approved his application.

In October of 1996, Cavegn again requested disability benefits from the plan. Rather than simply reject the request, the plan’s trustees ordered Cavegn to complete a vocational assessment and functional capacity evaluation. Cavegn completed both the vocational assessment and functional capacity evaluation on December 5, 1996. Shortly after Cavegn complied with the trustees’s directives, James J. Hynes, the plan’s executive administrator, sent Cavegn a letter. Hynes’s letter stated that “[d]ue to the new information provided by you [Cavegn], and provided through a vocational assessment!,] the Trustees are treating this as a new application for disability pension.” (Appellant’s App. at A81.) (emphasis added.) The trustees, however, once again denied the application after concluding that the SSA’s decision “in itself is not a determining factor.” (Id.) The trustees denied Cavegn’s application on January 28,1997.

On March 8, 1997, Steven Trobiani, M.D., examined Cavegn. Dr. Trobiani concluded in a written report that absent surgery to remove a ruptured disk in Ca-vegn’s back, Cavegn was not “a candidate for employment in any capacity and would be considered permanently and totally disabled.” (Appellant’s App. at A156.) Ca-vegn then appealed the plan’s January 28, 1997 denial. As part of his appeal, Cavegn included Dr. Trobiani’s report. On June 2, 1997, the trustees reversed the January 28 decision and awarded Cavegn a disability pension. Hynes informed Cavegn that the pension would operate retroactively from November 1, 1996, which, Hynes explained, was “the first day of the month following the determination by the Trustees that you have shown you satisfied the Plan criteria.” (Appellant’s App. at A157.)

On July 13, 1997, Cavegn appealed the plan’s decision as to the starting date of his pension and asked that the pension award apply retroactively to October 28, 1994. By letter dated August 7, 1997, the trustees denied Cavegn’s appeal, concluding that he had failed to “satisffy] the criteria for a disability retirement under the terms of the Pension Plan as of October 28, 1994.” (Appellant’s App. at A161.) Nearly a year later, on June 26, 1998, Cavegn filed the instant action in federal district court seeking to recover the disputed retroactive pension benefits from the plan. (Appellant’s App. at A12.) Both parties filed motions for summary judgment. Ruling from the bench, the district court denied Cavegn’s motion and awarded summary judgment to the plan. Without deciding the merits of the underlying action, the district court concluded that Ca-vegn’s claims were barred by a two-year statute of limitations. Cavegn appeals to this court.

II.

Discussion

We review a district court’s summary judgment determinations de novo, and we apply the same standards as the district court. See Treanor v. MCI Telecomms. Corp., 200 F.3d 570, 573 (8th Cir.2000).

A. Statute of Limitations

ERISA contains no statute of limitations governing claims for plan benefits. See Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.), cert. denied, 516 U.S. 823, 116 S.Ct. 85, 133 L.Ed.2d 42 (1995). Consequently, courts must “borrow” the statute of limitations from the most analogous state law. See id. In determining the most analogous state law, we regard ERISA benefit claims as contract actions. *830 See Bennett v. Federated Mut. Ins. Co., 141 F.3d 837, 838 (8th Cir.1998). Hence, state contract law provides the applicable statute of limitations. In this case, the most analogous Minnesota law is Minn. Stat. § 541.07(5) (Supp.2000), which provides for a two-year statute of limitations in contract actions for unpaid benefits. See Adamson, 44 F.3d at 652-53; Kiefer v. Ceridian Corp., 976 F.Supp. 829, 841 (D.Minn.1997). Cavegn filed this ERISA action on June'26, 1998. In accordance with Minn.Stat. § 541.07(5), Cavegn’s claims are barred if they accrued prior to June 26,1996.

While statute of limitations questions for ERISA benefit claims are governed by state law, the question of claim accrual is controlled by federal law. See Bennett, 141 F.3d at 838. A cause of action for plan benefits under ERISA accrues after a plan fiduciary has formally denied an applicant’s claim for benefits or “when there has been a repudiation by the fiduciary which is clear and made known to the beneficiary.” Union Pac. R.R. Co. v. Beckham, 138 F.3d 325, 330 (8th Cir.) (citations omitted), cert. denied, 525 U.S. 817, 119 S.Ct. 56, 142 L.Ed.2d 43 (1998).

The plan trustees in this case argue that Cavegn’s cause of action accrued on October 30, 1995, which is the date that the plan administrator formally denied Cavegn’s request for benefits. They further contend that the latest possible accrual date is May 31, 1996, which represents the day that the trustees affirmed the administrator’s denial of Cavegn’s application. Both of the trustees’ suggested accrual dates fall prior to June 26, 1996. Hence, the trustees maintain, Cavegn’s lawsuit is barred by Minnesota’s two-year statute of limitations.

Cavegn argues that his cause of action accrued at the earliest on January 28, 1997. He contends that his October 1996 request for benefits was a new application and that his cause of action with regard to that application did not accrue until the plan administrator formally rejected his request. The plan trustees, in contrast, urge this court to reject Cavegn’s new application argument. They contend that Cavegn’s new application position runs contrary to our decision in Mason v.

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Bluebook (online)
223 F.3d 827, 25 Employee Benefits Cas. (BNA) 1433, 2000 U.S. App. LEXIS 20934, 2000 WL 1166323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-cavegn-v-twin-city-pipe-trades-pension-plan-ca8-2000.