Hankins v. Standard Insurance

828 F. Supp. 2d 991, 2011 U.S. Dist. LEXIS 126447, 2011 WL 5190815
CourtDistrict Court, E.D. Arkansas
DecidedNovember 1, 2011
DocketNo. 4:11CV00428 JLH
StatusPublished

This text of 828 F. Supp. 2d 991 (Hankins v. Standard Insurance) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hankins v. Standard Insurance, 828 F. Supp. 2d 991, 2011 U.S. Dist. LEXIS 126447, 2011 WL 5190815 (E.D. Ark. 2011).

Opinion

OPINION AND ORDER

J. LEON HOLMES, District Judge.

This is an ERISA action in which Bobby Gene Hankins seeks to recover benefits under the long-term disability plan offered by his former employer, Stephens Inc., through Standard Insurance Company. The parties have submitted an administrative record and briefed the issues, so the case is ripe for decision. For the following reasons, Standard’s decision to deny Han-kins’ claim for long-term disability benefits is affirmed.

I.

In April 2002, Bobby Gene Hankins began working as the director of commercial security at Stephens, Inc. (Adm. R. 351, 381). In that position, Hankins managed a staff of 30 security personnel while reporting to the Stephens vice president and chief security officer. (Id.). Stephens summarized Hankins’ position as requiring him:

To plan, organize, direct and control the security policies, procedures and programs for all commercial locations in the area of facility security in order to ensure the safety and security of employees and assets; to provide investigation and other security services as required in this capacity.

(Adm. R. 381). Hankins’ job description also contained a lengthy list of “Essential Duties and Responsibilities” that include potentially physical requirements such as “responding to all emergency and crisis situations as necessary, ... transporting and assisting incapacitated persons, interceding in physical disturbances, subduing violent individuals, ... assisting victims of offenses,” participating in investigations, making arrests, and providing “ ‘back-up’ support to law enforcement agencies as necessary.” (Adm. R. 381-82).1 In addition, Stephens required Hankins to “be able to perform each essential duty satisfactorily.” (Adm. R. 382). In order to evaluate his physical capacity for the aforementioned duties, Stephens periodically required Hankins to: (1) walk or run 1.5 miles in under 15:54 minutes; (2) run 300 meters in under 66 seconds; (3) jump at least 15.5 inches vertically; (4) bench press at least 78 percent of his body weight; and (5) perform at least 30 sit-ups in one minute. (Adm. R. 383).

Through his employment with Stephens, Hankins was covered by the “Group Long Term Disability Insurance Policy” provided by Standard. (Adm. R. 9). The Policy states that a person is entitled to disability benefits during the “Own Occupation Period” if he meets the “Own Occupation Definition of Disability.” (Adm. R. 13, 18). A person meets this definition, in part, by being “unable to perform with reasonable continuity the Material Duties of [his] Own Occupation.” (Adm. R. 18).

On October 15, 2009, Hankins was running at work in the fitness program for Stephens’ security personnel when he heard a pop and felt a severe pain in his right buttock. (Adm. R. 114, 208, 230). After undergoing an MRI the next day, Hankins was examined on October 20 by W. Scott Bowen, M.D., an orthopedic surgeon in Little Rock. (Adm. R. 114-15, 122-[996]*99623). Bowen diagnosed Hankins with a hamstring avulsion in his right hip and instructed him not to kneel, stoop, squat, push off, or jump on his right leg. (Adm. R. 115). Bowen prescribed anti-inflammatory medication and released Hankins from work for three weeks until a reevaluation could be done. (Id.). Three weeks later, on November 10, Bowen reexamined Hankins and explained to him that it might take up to three months for his hamstring tear to heal enough to allow him to perform the required 300-meter run in one minute. (Adm. R. 113). At some point during this time, Hankins began attending physical therapy sessions. (Adm. R. 318). During the next follow-up, on December 8, Bowen encouraged Han-kins to continue physical therapy with the goal of being released in one month, fully capable of performing the 300-meter sprint within the required time. (Adm. R. 112). By January 11, 2010, however, Bowen opined that it was unlikely that Hankins would ever be able to complete the 300-meter run in the required time, even though the injury might continue to improve slightly. (Adm. R. 110). Because of this, Bowen put Hankins on permanent restriction, barring all running or jumping, while opining that it would be reasonable for Hankins to work a desk or participate in light duty. (Id.).

At some point before the end of January 2010, Stephens terminated Hankins, apparently because he was unable to run the required 300-meter sprint in the allotted time. (Adm. R. 208, 328, 3 51). On February 10, 2010, Bowen advised Standard in writing of Hankins’ permanent restrictions and his light duty recommendation. (Adm. R. 274). Soon thereafter, on March 9, Standard Vocational Case Manager Karol Paquette filed an “Own Occupation Review” concerning Hankins in order to “clarify the material duties and physical demands of [Hankins’] job to determine the Own Occupation.” (Adm. R. 358).2 In the review, Paquette analyzed the Policy language and the duties and physical demands of Hankins’ specific position, determining, inter alia, that Han-kins was a high level security manager and that Stephens maintained unusually high standards — physical and otherwise— for its security personnel. (Adm. R. 359-60) . Paquette also determined that, while Standard viewed its security personnel “like a private police force,” Hankins’ arrest authority did not extend beyond that of a regular citizen. (Adm. R. 360) (quoting Stephens representative Dan Smith). Paquette then opined that Hankins’ “Own Occupation” was best represented by the occupation “Security Manager (Alternate Title) Any Industry” (Security Manager) in the Department of Labor’s Dictionary of Occupational Titles (DOT)3 because the material duties of the DOT position were consistent with the official summary of Hankins’ job description, most of his listed duties, and the high level of management required for his position. (Adm. R. 360-61) .4 While Paquette noted that the phys[997]*997ical demands of Hankins’ position were “clearly beyond” the Security Manager DOT position, which was classified as sedentary in nature, she concluded that Standard was not limited to looking at Han-kins’ job alone, as per the Policy language. (Adm. R. 361). She also noted that Stephens’ physical requirements for security personnel were not consistent with national standards, Arkansas certification requirements, and “not likely consistent with other state certification requirements.” (Adm. R. 362). Thus, she opined that “it would be reasonable that [Hankins] could obtain employment as a Security Manager elsewhere in the national economy, as the occupation is generally performed.” (Id.).

Standard also hired John Hart, D.O., an osteopathic physician and independent contractor, to review Hankins’ medical records and respond to various questions from Standard. (Adm. R. 208-17). Hart submitted his report on March 19, 2010. (Adm. R. 208). In the report, Hart labeled Hankins’ position as security director as sedentary, although he noted that Stephens required Hankins to run 300 meters in under 66 seconds. (Id.). Hart also set out Hankins’ medical history from the time of the injury until the report, noting that while Bowen had stated in November and December 2009 that he believed Hankins would be able to run 300 meters within three months, Bowen had revised this opinion in January 2010, declaring that such an action was permanently unlikely. (Adm. R. 208-09).

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Cite This Page — Counsel Stack

Bluebook (online)
828 F. Supp. 2d 991, 2011 U.S. Dist. LEXIS 126447, 2011 WL 5190815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hankins-v-standard-insurance-ared-2011.