Dwyer v. Metropolitan Life Insurance

4 F. App'x 133
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 5, 2001
Docket00-1514
StatusUnpublished
Cited by6 cases

This text of 4 F. App'x 133 (Dwyer v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dwyer v. Metropolitan Life Insurance, 4 F. App'x 133 (4th Cir. 2001).

Opinion

OPINION

PER CURIAM.

This case arises on appeal by plaintiff, Kendra Dwyer (Dwyer), who seeks to recover long term disability benefits under a policy administered by defendant, Metropolitan Life Insurance Company (MetLife). Dwyer began working for Science Applications International Corporation (SAIC) in November 1995 as a project analyst, and was enrolled in SAIC’s Long Term Disability Policy (the SAIC Plan) that is funded, in part, by MetLife.

Dwyer suffers from congenital spinal stenosis, 1 has had two back surgeries, and was also involved in a car accident in 1996 that exacerbated her back problems. Dwyer returned to work seven months after her last surgery in February 1997, but her condition continued to deteriorate and it became increasingly difficult for her to work a full eight-hour day. She left work on July 31, 1998, and received short term disability payments. On November 12, 1998, she applied for long term disability benefits. MetLife denied her application for long term disability benefits on March 5, 1999, asserting that the submitted information did not objectively document the inability to perform all material job duties.

Dwyer filed a complaint against MetLife in the district court for (I) wrongful denial of benefits in violation of the Employee Retirement Income Security Act (ERISA) 29 U.S.C. § 1001, et seq., (II) breach of fiduciary duty, and (III) a declaratory judgment for unconstitutional delegation of a public function. The parties then filed cross motions for summary judgment. The district court granted MetLife’s motion as to Counts I and II on the grounds that “an objective decision-maker, free of any conflict of interest, could reasonably have concluded that plaintiff was not disabled, as defined in the plan,” and that the plaintiff did not have a statutory right to a private cause of action under Section 502(a)(3) of ERISA. 2 Dwyer then filed this appeal. For the reasons stated below, we affirm the district court’s judgment.

I.

STATEMENT OF FACTS

SAIC employed Dwyer as a project analyst from November 1995 through July 1998. According to a job description completed by Dwyer’s supervisor, Dwyer’s job responsibilities included preparing and editing reports, copying and distributing reports, and telephone duties. In a normal *135 work day Dwyer’s job required that she sit for eight hours, stand for fifteen minutes, walk for fifteen minutes, and occasionally lift or carry up to ten pounds. As an SAIC employee, Dwyer was enrolled in the SAIC Plan, which MetLife partially funded and administered.

The SAIC Plan provides that disability benefits will be paid upon “proof’ of disability that is “satisfactory” to MetLife. The SAIC Plan defines disability as follows:

Disability or disabled means that, due to an injury or sickness, you require the regular care and attendance of a Doctor and:
(1) you are unable to perform each of the material duties of your regular job; and
(2) after the first 24 months of benefit payments, you must also be unable to perform each of the material duties of any gainful work or service for which you are reasonably qualified taking into consideration your training, education, experience and past earnings; or
(3) you, while unable to perform all of the material duties of your regular job on a full-time basis, are:
(a) performing at least one of the material duties of your regular job or any other gainful work or service on a part-time or full-time basis; and
(b) earning currently at least 20% less per month than your Indexed Basic Monthly Earnings due to that same injury or sickness.

Dwyer underwent back surgery on February 18, 1997, at Johns Hopkins Hospital. At that time she had a post lumbar osteotomy and removal of a previously installed Harrington rod, 3 and posterior lumbosacral fusion as well as anterior lumbar fusion. It was not possible to remove all of the hardware associated with the installation of the Harrington rod. Dwyer was examined by Dr. John Kostuik and Dr. Sanjog Mathur on April 24, 1997, approximately nine weeks following surgery. She stated that the pain in her lower back was almost completely gone.

Dwyer was next reviewed by Dr. Kostuik on August 6, 1997, complaining of discomfort in her lower back. Dr. Kostuik opined that the discomfort was “probably related to the instrumentation” still remaining in her back. She also complained of heaviness in her leg, which the physician reported was “probably related to her very significant spinal stenosis.” Her activities were unrestricted, her x-rays were “most excellent,” her neurological examination was unremarkable, and her long term outlook was described as “quite good.”

Dwyer was next seen by Dr. John Car-bone at Johns Hopkins on October 21, 1997, two months earlier than her regularly scheduled appointment, because she was experiencing persistent pain in her right leg. Dr. Carbone’s notes state that Dwyer had “predictive pain” with no complaints of overall pain control, for which she occasionally took Darvocet that she had gotten from her mother. Dwyer reported that she had returned to full-time work but that while sitting at her desk for two hours or longer she began to feel worsening leg pain. Dr. Carbone emphasized that sedentary, as opposed to ambulatory, activity was more of a problem for Dwyer as shown by her ability to walk more than one mile. The examination revealed that she was “quite tender to palpation over her inferior instrumentation although she is moderately tender up the entire midline *136 where her Harrington rod used to be.” The physical examination revealed that Dwyer could walk on her toes and heels without complaint and walk with a normal gait. Dwyer’s x-rays demonstrated that her hardware alignment had not changed at all and the fusion was excellent. Finally, Dr. Carbone’s assessment states that Dwyer was improving and that he provided her with Motrin for slight bursitis.

Thereafter, Dwyer returned to Johns Hopkins on December 10, 1997, complaining of persistent pain. Dr. Carbone noted significant worsening of the dysesthesias 4 in the L5-S1 distribution of her left foot. Dwyer described this as the most “significant issue” for her at that time. Dwyer reported that she had returned to work full-time for eight hours per day but that she had difficulty sitting in a chair for one or two hours at a time. She also reported sensitivity at the sites of the superior and inferior ends of her hardware while sitting in hard-back chairs. Her doctor ordered a CT scan and myelogram to explore the cause of her radicular symptoms.

Dwyer returned to Johns Hopkins for an examination on March 11, 1998, and was seen by Dr. Kostuik. She and her doctor discussed her continuing radicular pain. Apparently referring to the CT scan and myelogram, Dr.

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

Related

Gilbert LLP v. Tire Engineering & Distribution, LLC
689 F. App'x 197 (Fourth Circuit, 2017)
Cherochak v. Unum Life Insurance Co. of America
586 F. Supp. 2d 522 (D. South Carolina, 2008)
Byrd v. Canadian Imperial Bank of Commerce
354 F. Supp. 2d 597 (D. South Carolina, 2005)
Adams v. Louisiana-Pacific Corp.
284 F. Supp. 2d 331 (W.D. North Carolina, 2003)
Dunbar v. Orbital Sciences Corp. Group Disability Plan
265 F. Supp. 2d 572 (D. Maryland, 2003)
Thomas v. Liberty Life Assur. Co. of Boston
226 F. Supp. 2d 735 (D. Maryland, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
4 F. App'x 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dwyer-v-metropolitan-life-insurance-ca4-2001.