Biggar v. Prudential Ins. Co. of Am.
Decision Date | 11 August 2017 |
Docket Number | Case No. 15–cv–04825–JST |
Citation | 274 F.Supp.3d 954 |
Parties | Jonathan BIGGAR, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Defendants. |
Court | U.S. District Court — Northern District of California |
Scott D. Kalkin, Esq., Roboostoff & Kalkin A Professional Law Corporation, San Francisco, CA, for Plaintiff.
Sevana Babooian, Linda Marie Lawson, Meserve Mumper & Hughes LLP, Los Angeles, CA, for Defendants.
ORDER GRANTING JUDGMENT FOR DEFENDANTS
Re: ECF Nos. 49, 50
Before the Court are the parties' cross motions for summary judgment. ECF Nos. 49, 50. The Court will grant judgment for Defendants.
Until 2013, Plaintiff Jonathan Biggar was a Senior Software Engineer at Google. ECF No. 50 at 6; ECF No. 49 at 8. In that role, Biggar "enhance[ed] and maintain[ed] the automation software that manages the repair progress for Google's datacenter computers." Administrative Record1 ("AR") 1179–92. More specifically, Biggar had the following responsibilities:
AR 859.
As a Google employee, Biggar participated in the Google Inc. Welfare Benefits Plan ("the Plan"). AR 231–97. The Plan includes a Long Term Disability Coverage Policy ("LTD Policy"), which provides coverage under the following conditions:
AR 2003.2 The Plan contains the following key definitions:
AR 2003–04.
In 2007, Biggar began experiencing a tremor in his left arm and pain in his right shoulder and was diagnosed with Parkinson's Disease
. AR 82. Dr. Grace Liang of the Parkinson's Institute in Mountain View began treating Biggar in 2009. AR 982–83. Dr. Liang's initial exam in 2009 reported coordination problems with Biggar's left hand that impacted his typing abilities, frequent tremors, problems with his balance, and sleepiness due to his medications, among other things. AR 982. Dr. Liang summarized that Biggar was "generally able to function well, though having some degree of impairment in fine motor skills and coordination, balance." AR 983. She prescribed several medications to try to alleviate Biggar's symptoms. Id.
Biggar claims his disease progressed steadily following his diagnosis. For example, in May 2010, Dr. Liang's notes report that Biggar was "[n]oticing a little more tremor." AR 1106. Then, in September 2010, Liang wrote that Biggar's AR 1176. By 2012, Biggar claims that he was "experiencing a number of symptoms (sleep disturbance, attention deficit and memory trouble, appetite problems and depression) that are caused by Parkinson's Disease
that adversely affected [his] ability to perform [his] job." AR 1181. Dr. Liang's notes in 2012 reinforce this progression. AR 1172 ("[P]atient has experienced some more progression."); AR 1168 ("Since last visit, patient has had some increased symptoms."). Nonetheless, her examinations3 during this time note that Biggar had "normal" mental status and motor strength. E.g., AR 1173.
According to Biggar, his symptoms worsened substantially in 2013, when he began "experiencing significant problems with tremors and rigidity in [his] upper and lower extremities, difficulties with mobility, impaired ability to concentrate, decreased ability to write and type on a computer, and related symptoms of depression." AR 1182. Biggar visited Dr. Liang multiple times in early 2013 and her notes give conflicting descriptions of his condition. In January 2013, Liang reported that "[s]ince last visit, patient has had more tremors overall." AR 1161. But she also concluded that "[e]verything else ok in terms of mobility, walking" and summarized Biggar's "[s]ymptoms [as] fairly stable, perhaps slightly more tremor but still able to function overall fairly well." Id. Dr. Liang saw Biggar again in February 2013. She explained that Biggar reported "experience[ing] more trouble with performance at work, partly b/c the sleepiness in the afternoon." AR 1157. She also recounted Biggar's "frustration b/c hand is slowing, locking up clicking the mouse." Id. Both his tremor and his depression had increased since the last visit. Id. Indeed, Dr. Liang in her general examination noted moderate tremors in Biggar's left hand and mild tremors in his right hand. AR 1158. At this appointment Liang also discussed with Biggar the possibility of Deep Brain Stimulation
Surgery ("DBS") as a method for reducing his current symptoms. Id.
4In addition to seeing Dr. Liang for treatment of his Parkinson's Disease
, Biggar also saw Dr. Minyang Mao, a psychiatrist, for depression. AR 327. Unfortunately, Dr. Mao's notes documenting his visits with Biggar are nearly impossible to read. E.g., AR 860. A doctor retained by Defendants as a part of this appeal spoke with Dr. Mao, however, and summarized his conversation as follows:
Dr. Mao stated that he had seen the claimant for 33 sessions from 6/2014–6/2015. He states that claimant had as much objective evidence of depression "as is possible in psychiatry." The claimant had inconsistent grooming, had psychomotor retardation, loss of weight, often sat with a blank state and continued to express apathy with poor concentration and admitted to not doing household chores or paying bills.
AR 1233. Dr. Mao also stated that Biggar received an evaluation at Stanford that confirmed this diagnosis, but Biggar never provided those records to Defendants. AR 1233.
On March 25, 2013, Biggar stopped working and submitted a claim to Defendant Prudential Insurance Company of America ("Prudential") under the LTD Policy. AR 591–93. Dr. Liang submitted an Attending Physician Statement ("APS") in support of Biggar's claim, which listed the following "medical facts" related to Biggar's condition:
Impaired motor skills due to tremors + pain, unable to use keyboard/computer. Unable to remain alert during daytime working hours due to insomnia. Unable to sit or stand for extended periods. Debilitating depression related to Parkinson's Disease
and stress and pressures of work causing effects on sleep, appetite, concentration.
AR 18. Dr. Liang recommended that Biggar "[r]eturn to work after appropriate therapies + pending future assessment." Id. Dr. Mao also submitted an APS, listing Biggar diagnosis as Major Depressive Disorder
. AR 111–13. On November 27, 2013, Prudential approved Biggar for long-term disability benefits. AR 1286–92. During his absence from work, Biggar had the DBS surgery referenced above. AR 60–97.
On February 17, 2014, Biggar returned to work part time. AR 461–62. His first post-DBS surgery appointment with Dr. Liang took place on February 24, 2014. AR 1133. According to Dr. Liang, Biggar reported that the surgery had some positive effects but did not fully resolve his symptoms: AR 1133. Hoping that the DBS surgery had significantly reduced his symptoms, Biggar began working full time on April 14, 2014. AR 451–52.
Biggar's condition was not as improved as he had hoped, however, and on June 3, 2014, he again left work. AR 114–19. At the time, Biggar said he expected...
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