Janice Smith v. Unum Life Insurance Company of America

305 F.3d 789, 29 Employee Benefits Cas. (BNA) 2045, 2002 U.S. App. LEXIS 20741, 2002 WL 31174916
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 2, 2002
Docket02-1068
StatusPublished
Cited by20 cases

This text of 305 F.3d 789 (Janice Smith v. Unum Life Insurance Company of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Janice Smith v. Unum Life Insurance Company of America, 305 F.3d 789, 29 Employee Benefits Cas. (BNA) 2045, 2002 U.S. App. LEXIS 20741, 2002 WL 31174916 (8th Cir. 2002).

Opinion

RILEY, Circuit Judge.

After being diagnosed with a latex allergy, Janice Smith (Smith) applied for long-term disability benefits under an employee benefit plan administered by UNUM Life Insurance Company of America (UNUM). UNUM began paying Smith benefits. After twelve months of benefits, the policy’s definition of “total disability” changed, requiring UNUM to pay benefits only if Smith is unable to work in any gainful occupation for which she was qualified by education, training or experience. UNUM determined Smith was not totally disabled from any gainful occupation and discontinued benefits. Smith filed a lawsuit pursuant to the Employees Retirement Income Security Act of 1974 (ERISA). On judicial review, the district court determined UNUM abused its discretion in terminating Smith’s benefits. Because we conclude UNUM’s decision to discontinue Smith’s disability benefits was supported by substantial evidence, we reverse.

I. BACKGROUND

Smith is a registered nurse. During 1997, she worked as an infection control/employee health nurse at the Northwest Arkansas Rehabilitation Hospital in Fayetteville, Arkansas. In May 1997, Dr. Laura Koehn (Dr. Koehn), a board certified allergist/immunologist, diagnosed Smith with a Class TV RAST allergy to latex. On November 4, 1997, Smith’s employer suspended her for poor work performance, and on November 11, 1997, Smith was terminated. Smith attributed her work deficiency to her latex hypersensitivity.

On November 7, 1997, Smith applied for her employer’s long-term disability benefits. Under the terms of the disability policy with UNUM, Smith was eligible to receive benefits for twelve months if UNUM determined she was disabled from performing the “material and substantial duties” of her “regular occupation.” After the twelve-month period, Smith would continue receiving benefits only if UNUM determined that “due to the same sickness or injury” Smith was unable to perform the “duties of any gainful occupation” for which she is “reasonably fitted by education, training, or experience.” The policy also provided that UNUM would terminate benefits after twelve months of payments, upon a finding that Smith is “able to work in any gainful occupation on a part-time basis,” but chooses not to work. Part-time basis is defined *791 as “the ability to work and earn 20% or more of your indexed monthly earnings.”

In support of her disability claim, Smith submitted statements from seven treating physicians. All seven physicians diagnosed Smith as having a latex allergy and advised Smith to limit, and where possible, avoid exposure to latex. A family practitioner warned that Smith is “at a high risk for life threatening reaction to latex.” Two other treating physicians concluded Smith should not work in an environment containing latex. One of these treating physicians discussed with Smith the possible necessity of changing occupations to avoid latex exposure.

Two of Smith’s treating physicians imposed further work restrictions. Dr. Koehn advised that Smith “should avoid all latex exposure or as much as possible — ■ should not work in medical or paramedical profession due to presence of latex.” However, because “latex is ubiquitous in our environment,” the allergist noted it would “be impossible to find [a] latex free work environment” for Smith, and concluded Smith “probably will not be able to return to work” as a result of her latex sensitivity. A primary care physician, Dr. Doty Murphy (Dr. Murphy), noted that Smith has a “severe latex sensitivity” which “render[s] her incapable of any work activity.” Dr. Murphy explained Smith’s allergy was more than an inconvenience and “could result in her death, hospitalization, and/or prolonged aggravation of her disability.” Dr. Murphy did acknowledge that when Smith is “not exposed to latex, she is able to function in her home and perform minimal activities.” Neither Dr. Koehn nor Dr. Murphy addressed the possibility of Smith performing home-based employment.

In August 1998, UNUM approved Smith’s claim for disability benefits based on its determination that Smith was disabled from performing her regular occupation, and UNUM paid benefits retroactively from February 2, 1998. In May 1999, UNUM commissioned Dr. Michael Joseph (Dr. Joseph), a board certified allergist and immunologist, to perform an independent medical examination (IME) of Smith. When UNUM scheduled the IME, Dr. Koehn prescribed that the IME should be conducted in a latex-free environment. When Smith arrived at Dr. Joseph’s office for the IME, she discovered that not one of the examination rooms was latex free. Dr. Joseph used a pair of vinyl gloves borrowed from Smith to perform the IME. Despite her exposure to latex in the medical office, Smith suffered no immediate allergic reaction during the IME.

Due to Smith’s concerns about latex exposure, Dr. Joseph reported that his examination of her was “somewhat limited,” although he did not identify the limitations on his examination. Smith reported “a history of intermittent rash with shortness of breath when exposed to latex,” and also noted multiple food allergies. Dr. Joseph observed that Smith’s heart and lungs were unremarkable and that her skin did not reveal any hives or swelling. Dr. Joseph performed a RAST test on Smith that revealed a Class IV IGE reaction to latex which he interpreted as being “consistent with moderate hypersensitivity to latex antigens.”

Following his examination and review of Smith’s medical history, Dr. Joseph opined that Smith has a “history of asthma and possible anaphylaxis and contact urticaria when exposed to latex in the work area.” Consistent with the opinions of Smith’s treating physicians, Dr. Joseph believed Smith “should be restricted from exposure to latex.” However, Dr. Joseph felt that many of her previous symptoms of asthma may not be related to latex exposure because the delayed reactions would not be *792 consistent with latex hypersensitivity. He concluded that Smith should be able to continue her occupation as an employee health nurse in a latex-free clinic or hospital environment. Alternatively, he wrote, Smith “can work in any area where latex use is limited.” He further suggested that Smith’s asthma could be treated more aggressively.

The day after the IME, Smith called UNUM to complain about Dr. Joseph. Specifically, Smith complained that despite Dr. Koehn’s medical directive that Smith be protected against latex exposure, Dr. Joseph exposed her to latex, failed to listen to her lungs, and told her he had seen one person with a latex allergy in an emergency room. Smith also complained she was not feeling good because of the latex exposure. Dr. Koehn called UNUM to advise she had prescribed Smith Prednisone for a short time because of her delayed reaction to the latex exposure during the IME. According to Dr. Koehn, Smith was doing better, although her blood sugars were out of control due to the Prednisone medication. Dr. Koehn also reported contacting Dr. Joseph to inquire about his clinical experience in treating latex allergy and he told her he had read text books on the subject.

In August 1999, UNUM commissioned a vocational consultant to perform a transferable skills analysis on Smith. Using the residual functional capacities outlined in Dr.

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Bluebook (online)
305 F.3d 789, 29 Employee Benefits Cas. (BNA) 2045, 2002 U.S. App. LEXIS 20741, 2002 WL 31174916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janice-smith-v-unum-life-insurance-company-of-america-ca8-2002.