Rabbat v. Standard Insurance

894 F. Supp. 2d 1311, 54 Employee Benefits Cas. (BNA) 2512, 2012 U.S. Dist. LEXIS 142336, 2012 WL 4504557
CourtDistrict Court, D. Oregon
DecidedOctober 1, 2012
DocketCase No. 3:11-cv-1146-SI
StatusPublished
Cited by21 cases

This text of 894 F. Supp. 2d 1311 (Rabbat v. Standard Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rabbat v. Standard Insurance, 894 F. Supp. 2d 1311, 54 Employee Benefits Cas. (BNA) 2512, 2012 U.S. Dist. LEXIS 142336, 2012 WL 4504557 (D. Or. 2012).

Opinion

[1313]*1313FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIMON, District Judge.

The Employee Retirement Income Security Act (“ERISA”) provides that an ERISA plan “participant” may bring a civil action in federal court “to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan[.]” 29 U.S.C. § 1132(a)(1)(B). Plaintiff Richard Rabbat (“Mr. Rabbat”) brings this action to challenge the decision made by Defendants Standard Insurance Company (“The Standard”), Louisiana-Pacific Corporation Salaried Employees’ Long-Term Disability Plan, and Louisiana-Pacific Corporation (“LP”) (collectively “Defendants”) denying him long-term disability (“LTD”) benefits under the Louisiana-Pacific Corporation Salaried Employees’ Long-Term Disability Plan (the “Plan”). Mr. Rabbat, who worked as a computer help desk technician for LP, argues that he is totally disabled under the terms of the Plan due to Familial Mediterranean Fever, an incurable disorder causing him severe chronic pain. Defendants argue that the medical evidence and Mr. Rabbat’s work history do not establish that Mr. Rabbat is totally disabled. For the reasons described below, the court concludes that Mr. Rabbat is entitled to long-term disability benefits under the terms of the Plan.

PROCEDURAL ISSUES

Before turning to the merits of the parties’ arguments, the court must determine whether to resolve this case on the parties’ cross motions for summary judgment (Dkts. 24 and 26) or on a trial on the administrative record. The answer depends on what standard of review the court applies. “ERISA does not set out the appropriate standard of review for actions under § 1132(a)(1)(B) challenging benefit eligibility determinations.” Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). The Supreme Court, therefore, has prescribed a simple test to determine what standard of review a district court should apply. If the benefits plan provides the plan administrator with “discretionary authority to determine eligibility for benefits,” id. at 115, 109 S.Ct. 948, review is for abuse of discretion. Metro. Life Ins. Co. v. Glenn, 554 U.S. 105, 111, 128 S.Ct. 2343, 171 L.Ed.2d 299 (2008). If the plan does not provide the plan administrator with such authority, however, review is de novo. Id. Here, the Plan provides that “the Plan Administrator has the discretionary authority to determine eligibility for benefits[.]” Administrative Record (“AR”) at 59. Nonetheless, the parties have stipulated to de novo review. Dkt. 16. The court accepts the parties’ stipulation and reviews the record de novo. See Rorabaugh v. Cont’l Cas. Co., 321 Fed.Appx. 708, 709 (9th Cir.2009) (court may accept parties’ stipulation to de novo review).

The parties have filed cross motions for summary judgment. Dkts. 24 and 26. The Ninth Circuit has often held that in an ERISA benefits case, where the court’s review is for abuse of discretion, summary judgment is a proper “conduit to bring the legal question before the district court.” Bendixen v. Standard Ins. Co., 185 F.3d 939, 942 (9th Cir.1999), overruled on other grounds by Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 965 (9th Cir.2006) (en banc) (“Where the decision to grant or deny benefits is reviewed for abuse of discretion, a motion for summary judgment is merely the conduit to bring the legal question before the district court and the usual tests of summary judgment, such [1314]*1314as whether a genuine dispute of material fact exists, do not apply.”); see also Harlick v. Blue Shield of California, 686 F.3d 699, 706 (9th Cir.2012) (same).

Where, however, review is under the de novo standard, the Ninth Circuit has not definitively stated whether summary judgment is the appropriate vehicle for resolution of an ERISA benefits claim. There are reasons to think that it is not. The de novo standard requires the court to make findings of fact and weigh the evidence. See Walker v. Am. Home Shield Long Term Disability Plan, 180 F.3d 1065, 1069 (9th Cir.1999) (de novo review applies to plan administrator’s factual findings as well as plan interpretation). Yet, when deciding a motion for summary judgment, the court is forbidden to make factual findings or weigh evidence. T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 630 (9th Cir.1987) (court may not make factual findings, make credibility determinations, or weigh evidence on review of motion for summary judgment).

There is, however, an alternative to resolving an ERISA benefits case on summary judgment: the court may conduct a trial on the administrative record. Kearney v. Standard Ins. Co., 175 F.3d 1084, 1095 (9th Cir.1999) (“the district court may try the case on the record that the administrator had before it”). In a trial on the administrative record:

The district judge will be asking a different question as he reads the evidence, not whether there is a genuine issue of material fact, but instead whether [the plaintiff] is disabled within the terms of the policy. In a trial on the record, but not on summary judgment, the judge can evaluate the persuasiveness of conflicting testimony and decide which is more likely true.

Id. Thus, when applying the de novo standard in an ERISA benefits case, a trial on the administrative record, which permits the court to make factual findings, evaluate credibility, and weigh evidence, appears to be the appropriate proceeding to resolve the dispute. See Casey v. Uddeholm Corp., 32 F.3d 1094, 1099 (7th Cir.1994) (on de novo review of an ERISA benefits claim, the “appropriate proceeding[ ] ... is a bench trial and not the disposition of a summary judgment motion”); Lee v. Kaiser Found. Health Plan Long Term Disability Plan, 812 F.Supp.2d 1027, 1032 (N.D.Cal.2011) (“De novo review on ERISA benefits claims is typically conducted as a bench trial under Rule 52.”); but see Orndorf v. Paul Revere Life Ins. Co., 404 F.3d 510, 517 (1st Cir.2005) (“When there is no dispute over plan interpretation, the use of summary judgment ... is proper regardless of whether our review of the ERISA decision maker’s decision is de novo or deferential”).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
894 F. Supp. 2d 1311, 54 Employee Benefits Cas. (BNA) 2512, 2012 U.S. Dist. LEXIS 142336, 2012 WL 4504557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabbat-v-standard-insurance-ord-2012.