Linda Burge v. Republic Engineered Products, Inc.

432 F. App'x 539
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 3, 2011
Docket10-3124, 10-3323
StatusUnpublished
Cited by9 cases

This text of 432 F. App'x 539 (Linda Burge v. Republic Engineered Products, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Linda Burge v. Republic Engineered Products, Inc., 432 F. App'x 539 (6th Cir. 2011).

Opinions

OPINION

HELENE N. WHITE, Circuit Judge.

Defendant-Appellant Republic Engineered Products, Inc. (Republic) appeals the district court’s determination on summary judgment that Republic’s denial of disability benefits and 401(k) funds to Plaintiff-Appellee Linda Burge (Burge) was arbitrary and capricious. Republic also appeals the district court’s grant of Burge’s motion for attorney’s fees and costs. Because we agree that Republic’s decision to deny benefits was not the result of a deliberate, principled reasoning process, we AFFIRM the district court’s determination on this issue. However, rather than grant judgment to Burge, we REMAND to the district court with instructions to remand to Republic for a full and fair inquiry. We AFFIRM the district court’s decision granting Burge’s motion for attorney’s fees and costs.

I.

A.

Burge was hired by Republic for the position of benefits analyst1 in 2002. She [541]*541was covered by the Republic Comprehensive Welfare Benefits Plan (Plan). The Short Term Disability (STD) Plan and Long Term Disability (LTD) Plan are integrated parts of the Plan.2 Covered employees who are disabled receive benefits under the STD Plan as follows: “100% of Base Salary for the first three (3) months of an employee[’s] Disability,” less offsets; and under the LTD Plan as follows: “60% of Base Salary following the first three (3) months of an employee[’s] disability,” less offsets, “payable until the employee is no longer disabled, reaches age 65, or attains the fifth (5th) anniversary from the commencement of Disability commenced after age 60.”

On September 20, 2005, Burge slipped and fell in a stairwell while attending a work-related conference. The following day, she was seen by Dr. Paul Willette (Willette), who applied a splint and made the following diagnoses without providing additional commentary: “pain in limb,” “depressive disorder NEC,” and “fall on stair/step NEC.”3 On September 22, 2005, Burge was examined by Dr. William McCue (McCue), who diagnosed a wrist and elbow sprain and contusion, placed Burge in a short arm thumb spica cast, and recommended that Burge not work until October 3, 2005, when she would be able to perform light-duty tasks. Burge did not return to work on October 3 because she complained that she was still experiencing pain. She did, however, begin working four hours per day doing light-duty work starting from October 11, 2005. Burge’s cast was removed on October 20, 2005. At this time, an X-ray confirmed a nondisplaced distal radius fracture without angulation or displacement, and Dr. McCue observed significant right median neuropathy in Burge’s right hand and wrist. Dr. McCue prescribed physical therapy and permitted Burge to continue working four hours per day, provided that she wore a splint and used only her left hand.4

Burge saw Dr. McCue for follow-up visits through November 2005. On December 1, 2005, Dr. McCue opined that Burge could work eight hours per day, but that [542]*542she should continue to only use her left hand. On January 5, 2006, Dr. McCue evaluated Burge and observed that she demonstrated full flexion-extension of the thumb and fingers of both hands with some limitation of motion in the right wrist. He noted that there was no swelling or discoloration in the hands or wrists. X-rays showed that the fractures of the radius and ulna had healed. Dr. McCue’s notes stated that Burge did not appear to be anxious or depressed. He observed that Burge had- made no appreciable gains in physical therapy with respect to motion and strength, and that therapy strength testing showed poor effort with the right and left hand and arm. Dr. McCue extended Burge’s physical-therapy program for an additional three weeks and continued the restriction that she work only with her left hand through the end of February 2006.

Burge’s last day of work at Republic was January 18, 2006. Dr. Shelby Cash (Cash), Burge’s primary-care physician, wrote a note to Republic dated February 1, 2006, stating that Burge was “unable to work January 23rd-February 28th due to medical condition.”5 Burge saw Dr. Janet Dix (Dix) on February 2, 2006, claiming that she had difficulty concentrating and had issues with her self-confidence. Dr, Dix diagnosed Burge with Major Depression Severe and recommended weekly-therapy.6 Dr. Dix’s notes showed that Burge had been taking Celexa for over one year and Wellbutrin since January 24, 2006, for depression.

Dr. McCue saw Burge again on February 16, 2006. Burge continued to complain of pain in her right hand and wrist. Dr. McCue noted that Burge had attended physical therapy earlier that day and tests conducted during this session showed that Burge had actually “lost some strength in her hands compared to her initial testing evaluation” and that “[w]hen she [did] the testing for her grip strength with rapid succession, she [was] able to double the strength of her grip in both hands,” raising “the question regarding whether she [was] making a valid effort on the exam.” Dr. McCue observed, as he had once before during a November 2005 office visit, that Burge appeared “a bit apprehensive regarding her condition.” X-rays showed a “healed fracture [of the] right distal radius without angulation or displacement.” Dr. McCue discussed his findings with Burge, opining that she had “reached maximum medical improvement [ (MMI) ]” and that there was no “further therapy, medication or surgical treatment that [he could] recommend that would change her condition.” He did not prohibit Burge from using her right arm, but he did recommend that she have a five-pound lifting restriction for the next six to twelve months.

Burge saw Dr. Alan Wilde (Wilde) for a second opinion regarding her right hand and wrist pain on March 29, 2006. Dr. Wilde noted that Burge complained of pain in the radial and the ulnar side of the wrist and some paresthesias in all fingers of the right hand when she first awakened in the morning. He observed that Burge “has [543]*543had similar symptoms in the left hand for approximately 2-3 years.”7 Dr. Wilde related that Burge had complained of “pain with grasping or lifting and even lifting a gallon of milk, brushing her teeth[,] ... [and] cutting her food.” He also noted that, due to her depression following the accident, Burge was taking Wellbutrin and Celexa. Dr. Wilde’s physical examination of Burge’s hand and wrist was inconclusive, but he observed a narrowing of the lunate triquetrum joint (an issue apparently not related to the right wrist fracture) when reviewing Burge’s X-rays from the day of the accident. Dr. Wilde suggested that this issue could be causing Burge’s symptoms and referred her to Dr. William Seitz (Seitz).

At Republic’s request, on June 26, 2006, Burge saw Dr. Gregg A. Martin (Martin), a rehabilitation psychologist, for an evaluation regarding Burge’s entitlement to disability benefits due to her depression.8 Dr. Martin interviewed Burge and administered a Minnesota Multiphasic Personality Inventory (MMPI) test. According to Dr. Martin, Burge reported that she continued to suffer “chronic significant pain in her injured right wrist and hand.” She also stated that she continued to suffer from depression as a result of this injury and said that Republic “did not adequately modify her duties to reflect her restrictions” and that “she did not receive physical or emotional support” for some of her work duties.

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