Rodriguez Abreu v. Manhattan Bank, N.A.

CourtCourt of Appeals for the First Circuit
DecidedMarch 10, 1993
Docket92-1977
StatusPublished

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Bluebook
Rodriguez Abreu v. Manhattan Bank, N.A., (1st Cir. 1993).

Opinion

USCA1 Opinion


March 10, 1993 UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________

No. 92-1977

LUIS E. RODRIGUEZ-ABREU,

Plaintiff, Appellant,

v.

THE CHASE MANHATTAN BANK, N.A.,

Defendant, Appellee.

____________

ERRATA SHEET

The opinion of this court issued on February 25, 1993, is

amended as follows:

Page 6, line 3: Replace "Fed. R. Civ. Pro." with "Fed. R.

Civ. P."

Page 11, line 3: In the citation to Northwestern Nat'l Ins.
_______________________

Co., 908 F.2d 1077, 1984 (1st Cir. 1990), delete "1984" and
___

insert in its place "1084".

February 25, 1993 UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

____________________

No. 92-1977

LUIS E. RODRIGUEZ-ABREU,

Plaintiff, Appellant,

v.

THE CHASE MANHATTAN BANK, N.A.,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Hector M. Laffitte, U.S. District Judge]
___________________

____________________

Before

Selya, Circuit Judge,
_____________

Bownes, Senior Circuit Judge,
____________________

Stahl, Circuit Judge.
_____________

____________________

Jorge M. Silva-Cu tara, for appellant.
______________________

Jay A. Garc a-Gregory, with whom Arturo Bauermeister and
_______________________ ____________________

Fiddler, Gonzalez & Rodriguez, were on brief, for appellee.
_____________________________

____________________

February 25, 1993

____________________

BOWNES, Senior Circuit Judge. The plaintiff, Luis E.
BOWNES, Senior Circuit Judge.
_____________________

Rodriguez-Abreu ("Rodriguez"), appeals summary judgment granted

in favor of the defendant, The Chase Manhattan Bank, N.A.

("Chase"), on cross motions for summary judgment in his suit

brought pursuant to the Employee Retirement Income Security Act

of 1974, as amended, 29 U.S.C. 1001 et seq., ("ERISA").
_______

Finding that summary judgment was appropriate, we affirm.

I.
I.

BACKGROUND
BACKGROUND
__________

Rodriguez's claims involve two employee benefit

programs offered by Chase: (1) the Long-Term Disability Plan

("LTDP"), and (2) the Voluntary Separation Plan ("VSP"). The

LTDP provides a continuing source of income for eligible

employees who become disabled and unable to work for a continuous

period of six months or longer. The VSP was a new plan of

limited duration introduced by Chase in August of 1990 to reduce

its work force. The VSP offered employees who applied before

September 10, 1990, and who were accepted into the program a

package of benefits: severance pay; up to twelve months of

health care costs coverage; up to twelve months of coverage under

the Chase life insurance plan, and group counselling to

facilitate transition to another job with a different employer.

The VSP application contained waiver and release provisions.

Rodriguez was employed by Chase from 1957 until he

4

resigned effective September 21, 1990, as a participant in the

VSP. The parties stipulated that Rodriguez was absent from work

from March 19 until the effective date of his resignation due to

a heart ailment.1 While he was absent, Rodriguez was paid

first through his accumulated vacation and sick leave and then by

Chase through a special paid sick leave. Rodriguez did not apply

for or receive LTDP benefits before his resignation from Chase.2

Chase introduced the VSP on August 8, and Rodriguez

attended the orientation meeting on August 10. At the

orientation, Rodriguez inquired as to whether he could

participate in both the VSP and LTDP, and the Chase Compensation

Manager informed him that the Bank would investigate his

question. On August 17, Rodriguez met with Migdalia Lebron,

____________________

1 The district court stated in its Opinion and Order
granting summary judgment for Chase that Rodriguez was absent
from March 6 until he resigned effective September 21. On
appeal, Chase argues that Rodriguez was not continuously disabled
for the requisite six months prior to his resignation to qualify
him for LTDP benefits. Chase points to other dates used to
determine the date of disability: (1) Statement of Uncontested
Material Facts in the Pretrial Order that Rodriguez stated in his
Disability-Benefits Application Form signed on June 22, that he
had been unable to work since April 25, and (2) the parties'
stipulation that the disability period for Social Security
benefits began on April 26. Rodriguez replies that Chase
should be held to the stipulated date, March 19, for absence from
work.

2 Rodriguez stated in his letter to the Plan Administrator
of the LTDP, dated October 17, 1990, that he had been told that
he could not submit claims for LTDP benefits until his non-
occupational disability insurance benefits ended in September or
October of 1990. On appeal he explains that he did not apply for
LTDP benefits because the Chase representatives told him that he
would have to withdraw his application for the VSP before he
could apply for LTDP benefits.

5

Employee Benefits Officer of Chase, and asked about participation

in both the VSP and LTDP. She told him that she would ask the

Plan Administrator in New York. Also on August 17, Rodriguez

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