Cornett v. Trustees of the United Mine Workers Health & Retirement Funds

950 F. Supp. 746, 1996 U.S. Dist. LEXIS 19834, 1996 WL 756545
CourtDistrict Court, W.D. Virginia
DecidedSeptember 10, 1996
DocketCivil Action No. 95-0104-A
StatusPublished

This text of 950 F. Supp. 746 (Cornett v. Trustees of the United Mine Workers Health & Retirement Funds) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cornett v. Trustees of the United Mine Workers Health & Retirement Funds, 950 F. Supp. 746, 1996 U.S. Dist. LEXIS 19834, 1996 WL 756545 (W.D. Va. 1996).

Opinion

MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

I. INTRODUCTION.

Plaintiff Clyde Cornett (“Cornett”) filed this action challenging the final decision of the Trustees of the United Mine Workers of America 1974 Pension Plan (“Plan”) denying his claim for disability pension benefits. This court has jurisdiction over the Trustees’ decision pursuant to the Employee Retirement Income Security Act (“ERISA”), specifically 29 U.S.C. § 1132(e).

II. PROCEDURAL HISTORY.

Cornett applied to the Trustees for a disability pension and claimed that he was totally disabled as a result of a “mine accident.” (Record “R.” at 165). His application was denied initially by letter dated April 8, 1993. (R. at 2). According to the Trustees, Cornett was not eligible to receive pension benefits because he did not establish that his disability was caused by a “mine accident” as defined by the regulations interpreting the 1974 Pension Plan. (Id.). Cornett then requested a hearing to review the Trustees’ denial of his application. (R. at 180). Following a July 29, 1993, hearing before a trust fund hearing officer in Big Stone Gap, Virginia, Cornett’s claim was denied on January 11, 1994. (Id.).

Comett subsequently submitted a sworn statement on August 9, 1992, which further detailed the explosion which precipitated his application for a disability pension. (R. at 174). The Trustees reaffirmed their denial of Cornett’s disability pension on September 9,1994. (R. at 171).

After Cornett exhausted his administrative remedies, he commenced suit in this court to establish his entitlement to pension benefits. Cornett contends that the Trustees’ denial of his disability benefits was arbitrary and capricious, not supported by substantial evidence, and an abuse of discretion. (Pl.’s Compl. ¶ 5).

Pursuant to 28 U.S.C. §§ 636(b)(1)(B) and (C), the ease was referred to a Magistrate Judge for a Report and Recommendation (“Report”). Cross motions for summary judgment were filed in accordance with Fed. R.Civ.P. 56(c).1 The Magistrate Judge’s Report concluded that the Trustees abused their discretion when they denied Cornett’s request for a disability pension. (Mag. Judge’s Rep. & Rec. at 19). The Report stated that Cornett did not sustain a “physical injury.” (Id. at 18). However, the Trustees’ requirement that a pension claimant must suffer a physical injury in order to receive a disability pension was an abuse of discretion. (Id. at 19). Therefore, according to the Report, Cornett’s psychological injuries were sufficient to constitute a “mine accident.” (Id.).

As a result, the Report recommended that Cornett’s motion for summary judgment be granted on the issues of whether he was involved in a mine accident and the reasonableness of the physical injury requirement. (Id.). The Report also recommended that Plaintiffs claim be remanded to the Trustees for additional evaluation to determine whether Cornett’s psychological injuries were actually caused by the mine accident. (Id.).

The case is presently before this court on objections of the defendant to the Magistrate Judge’s Report. This court, following a de [748]*748novo review of the record, the Magistrate Judge’s Report, and Defendant’s Objections to Magistrate Judge’s Report concludes that Cornett was involved in a “mine accident” as defined by the 1974 Pension Plan. The April 1991 explosion produced the required force or impact of a “mine accident.” In addition, Cornett sustained the necessary physical harm as a result of this explosion. The Trustees abused their discretion by denying Cornett’s application. As a result, he is entitled to receive disability benefits from the 1974 Pension Fund.

III. FACTUAL BACKGROUND.

The plaintiff is Clyde Cornett, an individual who worked in the coal industry from 1967 through 1991. (R. at 337). Cornett has alleged that he was disabled in an April 19912 mine explosion. (R. at 165). He worked as an electrician for the Clinchfield Coal Company when the explosion occurred. (R. at 82, 89,’ 167). As a result of this incident, Cornett filed a disability pension application with the Trustees on November 20,1992. (R. at 159,165-69).

The defendants in this case are the Trustees of the 1974 Pension Plan, one of several employee benefit trusts, collectively known as the UMWA Health and Retirement Funds, (Def.’s Ans. at 1). The 1974 Pension Trust, the individual trust responsible for processing Cornett’s pension application, was established pursuant to the National Bituminous Coal Wage Agreement of 1974, in accordance with Section 302(c) of the Labor-Management Relations Act, 1947, 29 U.S.C. § 186(c).

The most comprehensive descriptions of the explosion giving rise to this litigation are statements that Cornett provided to various doctors and psychiatrists. Approximately two weeks after the explosion, Cornett sought the assistance of Robert Coates, a licensed professional counselor. (R. at 34). Cornett explained that he was involved in a mine accident in which a power center blew up. (Id.). Cornett reported that he was nervous, unable to concentrate, drive, sleep or go outside as a result of the explosion. (Id.).

On May 7, 1991, Cornett was treated by Dr. John Bertuso. (R. at 74-76). Cornett informed Dr. Bertuso that the explosion frightened him and that, even though he worked the remainder of the week, he became very nervous when he had to replace a breaker on a piece of machinery. (Id.). Cornett also told Dr. Pierce Nelson, a psychiatrist, at a June 24, 1991, meeting that he inhaled some smoke and still tasted it. (R. at 82). In addition, during a psychological evaluation by Dr. Stephen Fulmer on September 27, 1991, Plaintiff described the incident by stating that “a power center blew up ... it was smoking ... [and it] scared me real bad.” (R. at 86). He further stated to Dr. Nelson that he took a few days off from work to “recover” from the explosion. (Id.). A psychiatric report from Dr. Ashvin Patel also dated September 27, 1991, provided additional details of the explosion. According to that report:

[Cornett] stated that he was working in the mine on April 3, 1991. He stated that there were several men moving some parts. He states all of a sudden his “breaker blew off’ as he and another man were trying to fix this without turning off the power. The other guy was closer to the circuit breaker. He states that there was some smoke but they got away quickly. He went to get some fresh air and went back to finish their job. He took off a few days to get over his fears.

(R. at 89).

Cornett also complained of numerous physical consequences following the mine explosion. For example, less than three weeks after the explosion, he informed Dr. Emery H. Robinette that he had experienced chest pains since the explosion. (R. at 239, 242). On May 7, 1991, he told Dr. Bertuso that following the explosion he has experienced pain in his upper left extremity and left chest. (R. at 269).

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950 F. Supp. 746, 1996 U.S. Dist. LEXIS 19834, 1996 WL 756545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornett-v-trustees-of-the-united-mine-workers-health-retirement-funds-vawd-1996.