Foster v. Principal Life Ins. Co.

303 F. Supp. 3d 471
CourtDistrict Court, E.D. Louisiana
DecidedMarch 19, 2018
DocketCIVIL ACTION CASE NO. 16–1270
StatusPublished
Cited by1 cases

This text of 303 F. Supp. 3d 471 (Foster v. Principal Life Ins. Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Foster v. Principal Life Ins. Co., 303 F. Supp. 3d 471 (E.D. La. 2018).

Opinion

NANNETTE JOLIVETTE BROWN, UNITED STATES DISTRICT JUDGE

*473Before the Court is Plaintiff Amanda Foster's ("Foster") "Motion for Reconsideration/New Trial/and/or to Amend or Alter Judgment Under Rule 59."1 This is an action for review of the denial of long-term disability benefits and life insurance waiver of premium benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA"). The parties, Foster and Defendant Principal Life Insurance Company ("Principal"), filed cross motions for judgment on the administrative record.2 On November 21, 2017, the Court entered judgment in favor of Principal.3 Foster seeks reconsideration under Rule 59(e). Having considered the motion, the memoranda in support and opposition, the record, and the applicable law, the Court will deny Foster's motion.

I. Background

On July 8, 2013, Foster filed a claim for long-term disability ("LTD") benefits pursuant to a Group Policy issued by Principal, alleging that she was "unable to practice law due to pain of headaches" as of March 8, 2013.4 On February 3, 2016, after multiple administrative hearings, Principal denied her claim and informed Foster that all administrative appeal options had been exhausted.5

On February 12, 2016, Foster filed a complaint in this Court, alleging that she was wrongfully denied ERISA disability benefits.6 On February 13, 2017, Foster and Principal filed cross motions for judgment on the administrative record.7 On July 13, 2017, and September 19, 2017, Foster underwent neurostimulator implant procedures.8 On November 21, 2017, this Court granted Principal's motion for judgment as a matter of law and entered judgment in favor of Principal.9

On December 19, 2017, Foster filed the instant motion for reconsideration asserting that the Court should consider the newly discovered evidence.10 On January 9, 2018, Principal filed a response in opposition to Foster's motion.11 On January 25, 2018, with leave of Court, Foster filed a reply brief.12 Oral argument regarding the motion for reconsideration was held on January 24, 2018.13 At oral argument, the Court granted the parties leave to file supplemental briefing regarding Plaintiff's *474argument that the Court's judgment contains manifest errors of law and fact.14 On February 1, 2018, Foster filed a supplemental memorandum to the motion for reconsideration.15 On February 22, 2018, Principal filed a reply memorandum in response to Foster's supplemental memorandum.16

II. Parties' Arguments

A. Foster's Arguments in Support of the Motion for Reconsideration; Alleged New Evidence

Foster asserts that "the Court should consider the attached newly discovered evidence that was not available when this matter was tried."17 Foster asserts that the Court's November 21, 2017 decision "was made in light of the medical records, opinions from various treating doctors, an IME doctor, and doctors hired by Principal."18 Therefore, Foster argues that "evidence bearing on the severity of her condition is critical in helping the Court reach the correct decision and to avoid manifest injustice."19

Specifically, Foster asserts that the Court should consider updated medical records demonstrating that she recently underwent a neurostimulator implant to "help control her headaches."20 According to Foster, the device was inserted "into her left breast" and "contains four leads that run over her shoulder, up her cervical, and into the base of her skull."21 Foster avers that no one would undergo this invasive procedure "unless they were actually suffering from debilitating headaches."22 Thus, Foster concludes that "[t]he attached newly discovered evidence should be considered in order to prevent manifest injustice."23

B. Principal's Arguments in Opposition to the Motion for Reconsideration; Evidence Available When Decision was Rendered

Principal first asserts that reconsideration is not warranted because Foster's motion does not present newly discovered evidence, as "the medical treatment underlying Foster's motion was rendered and received in July and September 2017."24 Principal argues that "[a]s the Court's judgment was not entered until November 21, 2017, Foster had ample time to attempt to supplement the record and present this additional information to the Court prior to the judgment on the parties' cross-motions."25 Moreover, Principal asserts that continued medical treatment is "likely inherent" in disability cases.26 Principal further argues, "If a plaintiff were able to question a court's determination based on such continued treatment evidence, no court decision in a disability case would ever be final but always subject to revisions based on subsequent treatment records."27

Alternatively, even if the medical records were newly discovered evidence, Principal *475contends that reconsideration is not warranted.28 Principal notes that the Court's review of the administrative decision is subject to an arbitrary and capricious standard of review and limited to consideration of the record before the claims administrator.29 Principal further states that there are only two exceptions to this rule, evidence interpreting the plan or evidence explaining medical terms and procedures, and neither of the exceptions apply here.30

C. Foster's Reply Memorandum in Further Support of the Motion for Reconsideration

In the reply brief, Foster asserts that the medical records were not available when the cross motions for judgment on the pleadings were submitted to the Court on March 15, 2017.31 Moreover, Foster contends that the Court may consider evidence that was not part of the administrative record under special circumstances.32 In support of this assertion, Foster cites a Tenth Circuit case, Hall v. UNUM Life Insurance Company of America , which she asserts held that the court could consider evidence of additional surgeries that were outside the administrative record.33 Foster notes that the benefit denial in Hall was considered under a de novo

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303 F. Supp. 3d 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-principal-life-ins-co-laed-2018.