Brown v. Federal Express Corp.

62 F. Supp. 3d 681, 2014 U.S. Dist. LEXIS 72987, 2014 WL 6778708
CourtDistrict Court, W.D. Tennessee
DecidedMay 28, 2014
DocketNo. 2:13-cv-2411-JPM-tmp
StatusPublished
Cited by4 cases

This text of 62 F. Supp. 3d 681 (Brown v. Federal Express Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Federal Express Corp., 62 F. Supp. 3d 681, 2014 U.S. Dist. LEXIS 72987, 2014 WL 6778708 (W.D. Tenn. 2014).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ORDER DENYING PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS

JON P. McCALLA, District Judge.

Before the Court are the Motion for ■Summary Judgment by Defendants Federal Express Corporation, et al. (“Defendants”), filed on February 18, 2014 (ECF No. 20), and the Motion for Judgment on the Pleadings filed by Plaintiff Shelley Brown (“Plaintiff’), also filed on February 18, 2014 (ECF No. 21). For the reasons stated below, the Court GRANTS Defendants’ Motion for Summary Judgment and DENIES Plaintiffs Motion for Judgment on the Pleadings.

I. BACKGROUND

A. Procedural Background

On June 12, 2013, Plaintiff filed her Complaint. (ECF No. 1.) Defendants filed their Answer on August 14, 2013. (ECF No. 7.) On February 18, 2014, Defendants filed the instant Motion for Summary Judgment. (ECF No. 20.) On that same day, Plaintiff filed the instant Motion for Judgment on the Pleadings. (ECF No. 21.) On March 10, 2014, Plaintiff filed a Response to the Motion for- Summary Judgment. (ECF No. 22.) Defendants filed their Response to the Motion for Judgment on the Pleadings on March 10, 2014. (ECF No. 23.) The Court held a telephonic hearing on the instant motions on April 3, 2014. (ECF No. 24.)

B. Factual Background

Plaintiff brought this action pursuant to Section 502 of the Employment Retirement Income Security Act of 1974 (“ERISA”) (29 U.S.C. §§ 1001-1461) to obtain judicial review of a denial of short-term disability (“STD”) and long-term disability (“LTD”) insurance benefits under an ERISA welfare benefit plan. (See ECF No. 1.)

Plaintiff was employed by Defendants between 2005 and 2012 in Defendants’ Memphis, Tennessee location. (ECF No. 1 ¶ 9; ECF No. 21-1 at PagelD 1055.) Defendants’ STD plan requires that any alleged disability be “substantiated by significant objective findings ... which are considered significant anatomical, physiological or psychological abnormalities which can be observed apart from the individual’s symptoms.” (ECF No. 10-5 at PagelD 302.)

Plaintiff was diagnosed with “clinical Lyme disease” by Dr. Timothy Callaghan following lab tests conducted on April 13, 2012. (ECF No. 10-2 at PagelD 82.) The tests came back negative under both the lab’s and the Center for Disease Control’s (“CDC”) standards for Lyme disease, but Plaintiff showed “2 positive [and] 3 indeterminate Lyme bands.” (Id.) After a second round of lab 'tests, conducted on May 26, 2012, Dr. Callaghan noted that Plaintiffs “tests [were] negative but again having several Lyme bands positive and indeterminate[,] [which] raises the suspicion of Lyme.” (Id. at PagelD 96.) A third round of tests, administered by Dr. Charles Crist on June 28, 2012, came back positive under [684]*684the testing lab’s standards, but negative under the CDC’s standards. (ECF No. 10-3 at PagelD 162.)

On February 8, 2012, Plaintiff filed an application with Defendants for benefits under the STD plan, for which Aetna Life Insurance Company (“Aetna”) served as claims paying administrator. (ECF No. 10-2 at PagelD 56.) In considering Plaintiffs application, Aetna referred Brown’s claim for benefits under the STD Plan to Dr. Wendy Weinstein for peer review of the clinical data. (See ECF No. 10-5 at PagelD 281-84.) Dr. Weinstein reported that “the records have not documented specific physical examination abnormalities or underlying abnormal diagnostic studies that would support functional impairments from sedentary work.” (ECF No. 10-5 at PagelD 283.) On May 14, 2012, after receiving additional medical documentation from Plaintiff, Aetna referred Plaintiffs claim to Dr. Weinstein for further review. (ECF No. 10-5 at PagelD 285-88.) Dr. Weinstein found that the “additionally submitted clinical information does not document functional impairments.” (Id. at PagelD 287.) Aetna denied Plaintiffs application for benefits under the STD plan on May 24, 2012. (ECF No. 10-2 at Pa-gelD 56-58.)

Plaintiff appealed Aetna’s denial of her claim on November 19, 2012. (ECF No. 10-2 at PagelD 59.) In January 2013, in considering Plaintiffs appeal, Aetna referred Plaintiffs claim to Dr. Steven Swer-sie for peer review. (ECF No. 10-5 at PagelD 289-94.) Dr. Swersie indicated that “the diagnosis of Lyme disease ... was not documented by the laboratory tests.” (ECF No. 10-5 at PagelD 294.) In addition, he stated that “there is insufficient objective clinical evidence for the presence of any functional impairment.” (Id.) On February 8, 2013, Aetna denied Plaintiffs appeal of her application for benefits under the STD plan, noting that the “benefit was denied because there is a lack of significant objective findings to substantiate a claim under the Plan.” (ECF No. 10-1 at PagelD 48.)

In total, five physicians examined either Plaintiff or Plaintiffs medical records and offered opinions as to her disability status. Three of the five determined her to be disabled in some capacity. Dr. Michael Wallace, Plaintiffs treating family physician, determined that she would need several weeks off work in early 2012 due to clinical diagnoses of fibromyalgia and postpartum depression. (ECF. No. 10-4 at PagelD 261.) Drs. Callaghan and Crist determined her to be disabled due to “clinical” Lyme disease. (ECF No. 10-2 at PagelD 82; ECF No. 10-3 at PagelD 162.) Dr. Callaghan also identified Hashi-moto’s thyroiditis based upon an abnormal laboratory result. (ECF No. 10^4 at Pa-gelD 272.) After reviewing the Administrative Record before them, both Drs. Weinstein and Swersie found no objective medical evidence of a disability that would entitle Plaintiff to STD benefits. (ECF No. 10-5 at PagelD 281-94.)

II. STANDARD OF REVIEW

“Under ERISA, when a plan administrator ... has the discretionary authority to determine eligibility for benefits, courts review a decision to deny benefits under the highly deferential arbitrary and capricious standard of review.” Smith v. Fed. Express Corp. Long Term Disability Plan, 991 F.Supp.2d 992, 996 (W.D.Tenn. 2014) (quoting McDonald v. Western-Southern Life Ins. Co., 347 F.3d 161, 168— 69 (6th Cir.2003)) (internal quotation marks omitted). “The arbitrary and capricious standard is the least demanding form of judicial review of administrative action.” Williams v. Int’l Paper Co., 227 F.3d 706, 712 (6th Cir.2000).

[685]*685“Nevertheless, deferential review is not no review, and deference need not be abject.” Smith, 991 F.Supp.2d at 996 (quoting McDonald, 347 F.3d at 172) (internal quotation marks omitted). Therefore, the arbitrary and capricious standard “is not a rubber stamp of the administrator’s : decision.” Kovach v. Zurich Am. Ins. Co., 587 F.3d 323, 328 (6th Cir.2009) (quoting Glenn v. Metro. Life Ins. Co., 461 F.3d 660, 666 (6th Cir.2006)). “Rather, it requires the- Court to review the quality and quantity of the evidence and the opinions on both sides of the issues.” Kovach, 587 F.3d at 328 (quoting McDonald, 347 F.3d at 172) (internal quotation marks omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Loucka v. Lincoln Nat'l Life Ins. Co.
334 F. Supp. 3d 1 (D.C. Circuit, 2018)
Munn v. Hotchkiss School
165 A.3d 1167 (Supreme Court of Connecticut, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
62 F. Supp. 3d 681, 2014 U.S. Dist. LEXIS 72987, 2014 WL 6778708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-federal-express-corp-tnwd-2014.