Thiel v. Life Insurance Co. of North America

271 F. App'x 514
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 26, 2008
Docket07-1371
StatusUnpublished

This text of 271 F. App'x 514 (Thiel v. Life Insurance Co. of North America) 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
Thiel v. Life Insurance Co. of North America, 271 F. App'x 514 (6th Cir. 2008).

Opinion

PER CURIAM.

In this ERISA action, Charles Thiel seeks benefits under an accident-only disability policy. Because Thiel did not become disabled “as a direct result” of the accident “and from no other cause,” as the terms of the policy require, the district court correctly upheld the insurer’s denial of benefits. We therefore affirm.

*516 I.

In 1967, Charles Thiel began working for a company now known as Avaya, Inc. Thiel participated in the Avaya Inc. Business Travel Accident Benefit Plan. (“the Plan”), an accident-only policy insured by the Life Insurance Company of North America (“the insurer”).

On August 6, 2002, while Thiel was in Chicago on a business trip, a hit-and-run driver struck him from behind as he attempted to cross the street. He filed a claim for accident-only disability benefits with Avaya, claiming he was “totally disabled” under the policy. The insurer denied benefits because Thiel’s disability was “primarily the result of his pre-existing degenerative [lumbar] disc disease.”

Thiel filed this ERISA action against Avaya, the Plan and the insurer. The parties filed cross-motions for judgment on the administrative record. After dismissing Avaya and the Plan from the case, the district court entered judgment in favor of the insurer.

II.

A.

We need not enter the thicket created by the parties’ debate over whether de novo review or arbitrary-and-capricious review governs this claim. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). Thiel’s claim fails under either standard.

The policy provides benefits if a claimant is injured by a qualifying accident and “becomes totally disabled as a direct result, and from no other cause, within 365 days after the accident.” (emphasis added). According to the insurer, this language means that, whenever a pre-existing condition played any role, no matter how small, in causing the disability, no coverage exists. See Pirkheim v. First Unum Life Ins., 229 F.3d 1008, 1010-11 (10th Cir. 2000) (enforcing policy language requiring that the “loss must result directly and independently of all other causes from accidental bodily injury” and denying benefits where the insured’s death “did not occur independent of all other causes”) (emphasis omitted). According to Thiel, this language means that a claimant with a pre-existing condition may recover benefits unless the pre-existing condition “substantially contributed to” the disability. Tolley v. Commercial Life Ins. Co., No. 92-6490, 1993 WL 524284, at *3 (6th Cir. Dec. 17, 1993) (per curiam) (internal quotation marks omitted); see also Medford v. Ins. Co. of N. Am., No. 95-35163, 1996 WL 405055, at *3 (9th Cir. July 18, 1996); Dixon v. Life Ins. Co. of N. Am., 389 F.3d 1179, 1184 (11th Cir.2004); Adkins v. Reliance Standard Life Ins. Co., 917 F.2d 794, 797 (4th Cir.1990).

We need not take sides on this debate either. Even under the more lenient construction of this language, the one favoring Thiel, he cannot shake free from the record-compelled conclusion that his pre-acci-dent back problems “substantially contributed to” his disability. The undisputed medical evidence, to begin with, confirms that Thiel had serious back problems before the accident. Doctors performed two lumbar laminectomies on Thiel at the L4-L5 level — one in 1986 and one in 1995. By 2002, the year of the accident and sixteen years after his first surgery, Thiel’s back pain remained a serious problem. Just four months before the accident, an MRI showed “severe degeneration of the L4-5 disc space,” as well as “[e]omponents of lumbar stenosis” at L3-L4 and L5-S1. Three months before the accident, Dr. Si-dhu noted “back pain in the lower back [and] radiation to the right buttock, thigh and leg” that had been ongoing “for the past 1-1/2 years,” as well as “loss of disk height at L4-5” at a “level [that was] almost bone on bone.” Sidhu recom *517 mended physical therapy and a series of epidural injections, and he prescribed pain medications. A little over two months before the accident, Dr. Macon diagnosed Thiel with “lumbar radiculopathy” and noted that he had “[sjensory decreased sensation [in the] right lower extremity [at] the L4-L5 distribution.”

While the accident may have affected the degree of Thiel’s physical ailments, it did not affect their kind. An EMG from August 28, 2002, three weeks after the accident, “demonstrat[ed] some chronic features of low grade S 1 radiculopathy and more subacute, but still low grade [r]ight sided L4-L5 radiculopathic features.” In describing the condition as “chronic,” Dr. Giancarlo conveyed that it was an ongoing, not an accident-induced, problem, see Stedman’s Medical Dictionary 79120 (27th ed. 2000), and indeed the record shows that Thiel had suffered from lumbar radiculopathy since at least May 2002. In September, an MRI showed “evidence of degenerative disc disease with mild bulging disc” at L4-L5 and “minimal bulging discs at L5-S1 and L3-L4 disc space levels” but no “evidence of recurrent or residual herniated disc.” Before his accident, Thiel likewise had experienced disc degeneration at L4-L5 and likewise showed no signs of a herniated disc. In January 2003, a radiology examination revealed “evidence suggestive of a small central disk herniation at L5-S1” and “postoperative changes related to laminectomy surgery at the L4-L5 level,” including “extensive hypertrophic spurring of the facet joints bilaterally at L4-L5.” The January 2003 examination thus connects his disability in part to spurring “related to” his prior laminectomy.

The physicians’ post-accident opinions either show that Thiel’s pre-existing back problem substantially contributed to his disability or are consistent with that conclusion. No physician took a contrary view, and one physician concluded that factors unrelated to the accident contributed at least 60 percent to the disability. In December 2002, Sidhu said that he “d[id] not believe [Thiel was] able to work at all” “[b]ecause of [his current] symptomatology and his history of previous surgery.” In April 2003, Thiel’s chiropractor concluded that his “maximum capacity” to perform basic functions was “hampered by his spinal injuries” without specifying the cause of those injuries. And in May 2004, after reviewing Thiel’s file at the request of the insurer, Dr. Nakkache, a neurosurgeon, opined that “at the very most [Thiel] suffered an aggravation of a pre-existing condition and as such, no more than 40% disability can be afforded as a result of the injury on August 6, 2002.” No other physician gave an opinion on the degree to which the accident contributed to Thiel’s disability, and no physician’s findings contradict Nakkache’s estimate.

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271 F. App'x 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thiel-v-life-insurance-co-of-north-america-ca6-2008.