Bertha Campos v. Reliance Standard Life Insurance Company et al

Filing 57

JUDGMENT by Judge Otis D. Wright, II: Plaintiff is awarded LTD benefits for the Plaintiffs LTD claim is remanded to Reliance Standard for a determination of whether Plaintiff was totally disabled during the Any Occupation period, whether the LTD Pla ns 24-month pay limitation for musculoskeletal and connective tissue disorders applies to Plaintiffs injury, and to make other determinations as necessary that are not inconsistent with this decision, including but not limited to the amount of retroa ctive benefits due to Plaintiff under the Regular Occupation definition of Total Disability in light of provisions in the LTD Plan regarding offsets. Defendant WHM, LLC is dismissed from this lawsuit without prejudice. (MD JS-6, Case Terminated). (lc)

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BERTHA CAMPOS,
Plaintiff,

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JUDGMENT

v.

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Case No. CV15-8304-ODW(GJSx)

RELIANCE STANDARD LIFE
INSURANCE COMPANY; WHM,
LLC; DOES 1-10, inclusive
Defendants.

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On April 10, 2017, the Court conducted a bench trial in the above matter,
after which the Court took the matter under submission. On April 12, 2017, the
Court issued its Findings of Fact and Conclusions of Law. In accordance with
those Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED as follows:
1.

Plaintiff Bertha Campos (“Plaintiff”) worked “a minimum of 30 hours

during [her] regular work week” as defined by the LTD Plan;
2.

Defendant Reliance Standard Life Insurance Company (“Reliance

Standard”) waived any argument that Plaintiff was not entitled to benefits because
she did not meet the definition of “Totally Disabled” during the “Regular
Occupation” period;

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3.

Plaintiff is awarded LTD benefits for the “Regular Occupation”

period, from November 23, 2013, to November 23, 2015;
4.

Plaintiff’s LTD claim is remanded to Reliance Standard for a

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determination of whether Plaintiff was totally disabled during the “Any

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Occupation” period, whether the LTD Plan’s 24-month pay limitation for

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musculoskeletal and connective tissue disorders applies to Plaintiff’s injury, and to

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make other determinations as necessary that are not inconsistent with this decision,

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including but not limited to the amount of retroactive benefits due to Plaintiff

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under the “Regular Occupation” definition of Total Disability in light of provisions

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in the LTD Plan regarding offsets;
5.

Defendant WHM, LLC is dismissed from this lawsuit without

prejudice.

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IT IS SO ORDERED.

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April 26, 2017

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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