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LOBAN v. THE PRUDENTIAL INSURANCE COMPANY

December 2, 2005.

GLEN LOBAN, Plaintiff,
v.
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.



The opinion of the court was delivered by: SAUNDRA ARMSTRONG, District Judge

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Pursuant to the Court's ruling on October 12, 2005, defendant The Prudential Insurance Company of America ("Prudential") submits the following proposed Findings of Fact and Conclusions of Law:
Findings of Fact
  1. Prudential issued a Group Contract, No. G-93180-OH, to Divine Tower International Corporation ("Divine Tower") with a contract date of September 1, 2000 (hereinafter "the Group Contract.") 2. The Group Contract provided short term disability ("STD") and long term disability ("LTD") benefits to the employees of Divine Tower pursuant to the provisions and terms of the Group Contract.

  3. The Group Contract is governed by the terms of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sections 1001 et seq. ("ERISA.")

  4. Plaintiff's occupation on February 14, 2002 was a Regional Director Market Deployment for Divine Tower.

  5. Divine Tower was an Ohio Corporation.

  6. On or about March 6, 2002, Prudential received a disability claim relating to plaintiff.

  7. The Employer Statement stated that plaintiff had last worked on February 14, 2002.

  8. In the Employee's Statement, plaintiff listed severe back pain and arm and leg numbness as the reason he stopped working.

  9. With the disability claim, Divine Tower provided Prudential with a job description for Regional Director Market Deployment.

  10. A Regional Director Market Deployment is a sedentary occupation.

  11. According to the information provided by Divine Tower, plaintiff's occupation required strong computer skills, and a proficiency with the internet and e-mail. Divine Tower reported, on March 13, 2002, that plaintiff "works out of his home and does lots of sitting, phone work and computer work."

  12. When plaintiff's disability began in February of 2002, he was working from home and his travel requirements were limited.

  13. Based upon the administrative record, it was reasonable for Prudential to find that travel was not a material and substantial duty of plaintiff's regular occupation.

  14. The attending physician's statement, executed by Dr. Kenneth Light, listed disc degeneration and protrusion, spondylosis, and annular tears as the illness and symptoms which caused plaintiff to stop working. 15. The attending physician's statement noted that surgery "may" alleviate plaintiff's symptoms.

  16. At the time plaintiff submitted his disability claim to Prudential, Divine Tower was experiencing financial problems which required employee lay-offs. Plaintiff ...


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