Maulolo v. Billings Clinic et al
Filing
34
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. IT IS ORDERED that judgment be entered in Plaintiff Paula L. Maulolo's favor under 29 U.S.C. § l 132(a)(l)(B) for total disability benefits for the twenty four month period ending March 29, 2 020 and Plaintiff be awarded reasonable attorney's fees, costs, and prejudgment interest under 29 U.S.C. § l 132(g)(l). IT IS FURTHER ORDERED that Plaintiffs Long Term Disability claim be remanded to Sun Life for a determination of whether Plaintiff met the Group Policy's "any occupation" definition of "total disability" after the twenty-four month period ending March 29, 2020. Signed by Judge Susan P. Watters on 9/9/2021. (AMC)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OFMONTANA
BILLINGS DIVISION
PAULA L. MAULOLO,
Plaintiff,
vs.
BILLINGS CLINIC and SUN LIFE
ASSURANCE COMPANY of
CANADA,
CV 19-69-BLG-SPW
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER
Defendants.
Before the Court are proposed findings of fact and conclusions of law
submitted by Plaintiff Paula L.Maulolo ("Maulolo") and Defendant Sun Life
Assurance Company of Canada ("Sun Life") onMaulolo's claim for benefits under
the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. §
1132(a)(l)(B). (Docs. 31, 32.) The parties stipulated to "a paper bench trial" on
the administrative record ofMaulolo's claim under Fed. R. Civ. P. 52(a). (Doc.
28.) At issue is whether Maulolo is entitled to long term benefits under Billings
Clinic's group policy. (See, A.R. 791.)
After considering the parties' submissions, the Court findsMaulolo to be
disabled and entitled to benefits under BRISA.
Ill
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"any occupation" definition of "total disability" after the twenty-four month period
ending March 29, 2020.
Saffle v. Sierra Pac. Power Co. Bargaining Unit Long
Term Disability Income Plan, 85 F.3d 455, 460 (9th Cir. 1996).
IV.
Order
IT IS ORDERED that judgment be entered in Plaintiff Paula L. Maulolo's
favor under 29 U.S.C. § l132(a)(l)(B) for total disability benefits for the twenty
four month period ending March 29, 2020 and Plaintiff be awarded reasonable
attorney's fees, costs, and prejudgment interest under 29 U.S.C. § l 132(g)(l).
IT IS FURTHER ORDERED that Plaintiffs Long Term Disability claim be
remanded to Sun Life for a determination of whether Plaintiff met the Group
Policy's "any occupation" definition of "total disability" after the twenty-four
month period ending March 29, 2020.
IT IS ORDERED.
DATED this 9th day of September, 2021.
L�u�
SUSANP. WATTERS
United States District Judge
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