Dudley v. Sedgwick Claims Management Services Inc.

495 F. App'x 470
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 26, 2012
Docket11-11165
StatusUnpublished
Cited by8 cases

This text of 495 F. App'x 470 (Dudley v. Sedgwick Claims Management Services Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dudley v. Sedgwick Claims Management Services Inc., 495 F. App'x 470 (5th Cir. 2012).

Opinion

*471 JERRY E. SMITH, Circuit Judge: *

Linda Dudley sought short-term disability benefits under her employer-sponsored benefit plan for claims of incapacitating knee pain. The plan’s administrator, Sedgwick Claims Management Services, Inc. (“Sedgwick"), granted disability benefits immediately following two knee surgeries but denied the remainder of the request. After an unsuccessful administrative appeal, Dudley sued for wrongful denial of benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”), § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B). The district court granted summary judgment for Sedgwick, see Dudley v. Sedgwick Claims Mgmt. Servs., Inc., 2011 WL 5080739 (NJD.Tex.2011), and Dudley appeals. We find no error and affirm.

I.

Working in a clerical position as a Directory Composer for a subsidiary of AT & T, Dudley participated in the AT & T Disability Income Program (“DIP”) administered by Sedgwick. 1 After undergoing arthroscopic knee surgery on December 15, 2009, Dudley received twenty days of disability. Sedgwick advised that she would have to submit additional documentation if benefits were needed beyond January 3, 2010.

On December 29, Dudley had a followup visit with her surgeon, who noted that the “[w]ound looks good. Stitches were removed.” He wrote that Dudley was to start physical therapy and would be seen again in a month, and “[s]o far so good.”

Dudley requested that her benefits continue. On January 4, Sedgwick received records from the December 29 visit and a “Physical Capacities Evaluation” completed by Dudley’s surgeon. Based on the December 29 visit, her surgeon wrote on the evaluation form, “no standing, stooping, lifting, or pushing until further notice”; he also indicated that she was incapable of sitting, standing, walking, speaking, looking at a computer screen, or moving a computer mouse. A large portion of the form, asking questions about Dudley’s functionality, remained blank. The surgeon concluded that Dudley was to remain off work until further notice.

Sedgwick sent Dudley’s records to a physician advisor, who determined there was insufficient objective information to substantiate Dudley’s incapacity to perform her occupational duties; as a result, Sedgwick denied Dudley’s claim for coverage beginning January 4. With the denial letter, Sedgwick included information on the Quality Review Unit Appeal Procedures, which required “[a] description of *472 how your level of functionality impacts your ability to work and perform your daily activities ... [and] [c]linical documentation that supports the treatment provider’s rationale.”

Dudley, her surgeon, her physical therapists, and Sedgwick exchanged several communications over the following months. Sedgwick continued to deny the post-January 4 claim for a lack of clinical evidence, each time including the same information on the appeals process. For example, on January 22, Dudley’s surgeon transcribed a letter to Sedgwick describing Dudley’s history of care. As to her current status, he wrote, “I have advised her to stay off her leg as much as possible, and I have changed her pain medication to Norco and prescribed a Lieoderm Pain Patch. She is to remain off work and is to follow up with me in 1 week.” Sedgwick responded that the additional information “does not provide clinical evidence to support disability from January 4, 2010 through your return to work and does not alter our previous denial decision.”

Dudley underwent full knee replacement surgery on March 4. Sedgwick eventually approved leave from March 4 until April 14, covering the six weeks following that surgery. Records from that period were submitted to Sedgwick as justification for extending the benefits beyond April 14.

On March 28, Dudley’s surgeon noted she was “coming along well” and “[a]s far as work she is still to stay off until further notice.” On March 25, Dudley’s physical therapist documented some numbness, hypersensitivity, and “burning pain” around the knee. As for Dudley’s functionality, Dudley “used a walker for about a week and a half and then has been using the cane. The patient states that she has been driving just short distances to the grocery store; however to come to physical therapy, she is having somebody drive her.” The physical therapist commented that Dudley “is going to New York on 04/29/10, and another goal is for her to be able to walk around and sightsee. The patient states that if she has to, she may take more rest breaks than her girlfriends.”

On April 1 and 6, Dudley visited with her surgeon again. He acknowledged she was using a cane, her knee was stable, and “[h]opefuIIy she is able to do at least a sit down job now.” He also recorded his concerns with her returning to work “due to her leg being in constant pain and swelling,” along with the “requirement to use cryotherapy ... thirty minutes every two hours and we also understand patient was on medication for pain, which is not safe to drive under medication effects.”

On April 12, Dudley initiated the formal appeal process, and Sedgwick forwarded her file to two physician advisors for review. By May 25, both doctors reviewed the file and made their initial determination that there was no clinical evidence to demonstrate inability to function in a sedentary job. On June 17, based on her medical records and the physician advis-ors’ reports, Sedgwick denied Dudley’s appeal for benefits from January 4 to March 8 and from April 15 to her return to work on April 26. 2 The denial letter stated that “[although some findings are referenced, none are documented to be so severe as to prevent you from performing the duties of your job as a Directory Composer, with or without reasonable accommodations.... ”

After the denial, Dudley sued Sedgwick in state court for wrongful denial of benefits under ERISA, 29 U.S.C. § 1132(a)(1)(B). Sedgwick removed to federal court, and both parties moved for *473 summary judgment. The district court granted Sedgwick’s motion, finding that Sedgwick had not abused its discretion in its factual determinations and that its interpretation of the DIP was legally sound. Dudley, 2011WL 5080789, at *7, 9.

II.

We review a summary judgment de novo, applying the standard of review of the district court. Dutka ex rel. Estate of T.M. v. AIG Life Ins. Co., 573 F.3d 210, 213 (5th Cir.2009). Summary judgment is appropriate where, viewing the evidence in the light most favorable to the non-moving party, “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); Koehler, 683 F.3d at 184.

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Bluebook (online)
495 F. App'x 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dudley-v-sedgwick-claims-management-services-inc-ca5-2012.