Maresca v. Blue Ridge Communications, 020510 FED3, 09-2470

Docket Nº:09-2470
Opinion Judge:PER CURIAM.
Party Name:DAVID G. MARESCA, Appellant v. BLUE RIDGE COMMUNICATIONS
Judge Panel:Before: SLOVITER, CHAGARES AND WEIS, Circuit Judges
Case Date:February 05, 2010
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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DAVID G. MARESCA, Appellant

v.

BLUE RIDGE COMMUNICATIONS

No. 09-2470

United States Court of Appeals, Third Circuit

February 5, 2010

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) December 1, 2009

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil Action No. 08-cv-01194) District Judge: Honorable James M. Munley

Before: SLOVITER, CHAGARES AND WEIS, Circuit Judges

OPINION

PER CURIAM.

Appellant David Maresca appeals a decision of the District Court granting Defendant's motion for summary judgment. For the reasons set forth below, we will affirm the judgment of the District Court.

I.

Appellee Blue Ridge Communications ("Blue Ridge") owns and operates cable television distribution facilities in Northeastern Pennsylvania. Appellant David Maresca was employed by Blue Ridge as a cable installer from October 1995 until he was injured in a job-related automobile accident on June 29, 1999. After December 19, 2000, Maresca did not return to active work at Blue Ridge. He received total disability benefits as well as group health insurance coverage from Blue Ridge from May 2001 until April 2006.

On August 18, 2002, Blue Ridge, through its insurer or third party administrator, Inservco Insurance Services, Inc., filed a petition for termination or suspension of Maresca's benefits with the Pennsylvania Department of Labor and Industry's Bureau of Workers' Compensation. In an opinion issued in November 2004, the Workers' Compensation Judge denied Blue Ridge's request to terminate benefits, finding that it had not met its burden to prove that Maresca had fully recovered from his June 1999 injury or was capable of returning to work without restrictions.

Maresca eventually settled his workers' compensation claim through a compromise and release agreement on April 27, 2006, in which he received a lump-sum payment of $38,000. After Maresca settled his workers' compensation claim, Blue Ridge sought to end Maresca's employment with the company as well as stop paying his health insurance benefits. On April 28, 2006, Blue Ridge sent Maresca a letter notifying him that his insurance benefits had ended because he had been terminated pursuant to a provision in the work agreement between Blue Ridge and the union representing Maresca that eliminated a worker's seniority after...

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