Torgeson v. Unum Life Ins. Co. of America
| Decision Date | 06 December 2006 |
| Docket Number | No. C 05-3052-MWB.,C 05-3052-MWB. |
| Parties | Jean TORGESON, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA and Mason City Clinic, P.C., Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
Kevin J. Visser, Moyer & Bergman, PLC, Cedar Rapids, IA, Mark D. Debofsky, Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff.
Debra Lynne Hulett, Michael W. Thrall, Nyemaster Goode West Hansen & O'Brien, PC, Des Moines, IA, for Defendants.
Was a claimant with a string of purported maladies, including fibromyalgia, chronic pain syndrome, chronic fatigue syndrome, depression, and migraine headaches, sufficiently "disabled" to receive benefits under a long-term disability benefits plan governed by the Employee. Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq.? That is the question posed in this action for judicial review, pursuant to 29 U.S.C. § 1132(a)(1)(B), of an insurer's denial of benefits. The claimant contends, in essence, that there was no reasonable basis to dispute that she suffered from all of her purported maladies, that the `co-morbidity of those maladies plainly made her "disabled" within the meaning of the longterm disability insurance plan, and that all of her treating physicians agreed that she was "disabled." Thus, she contends that the insurer abused its discretion — if, indeed, the insurer is entitled to "abuse of discretion" rather than "less deferential" review — when the insurer denied her application for benefits. The insurer contends, however, that it did not abuse its discretion by concluding that the medical records submitted by the claimant did not support the claimant's claim of a "disability," even though the medical records did support some of her claimed maladies. The insurer contends that the record, shows that the claimant went "shopping" for a physician who would give her the work limitations that she demanded after all of her other treating physicians had refused to do so.
Plaintiff Jean Torgeson, a former "office nurse" with Mason City Clinic, P.C. (MCC), filed this ERISA judicial review action pursuant to 29 U.S.C. § 1132(a)(1)(B) on August 30, 2005, seeking restoration of disability income benefit payments pursuant to a long-term disability (LTD) policy of insurance underwritten by Unum Life Insurance Company of America (Unum) in which employees of MCC were able to participate. See Complaint (docket no. 6). Torgeson named as defendants both MCC and Unum. Torgeson identified as the basis for her claim for LTD benefits her increasing pain from fibromyalgia, migraine headaches, chronic fatigue, and depression secondary to her chronic pain. On October 18, 2005, Unum filed an Answer (docket no. 11) to Torgeson's Complaint denying that Torgeson is entitled to benefits. The parties eventually stipulated to the dismissal of MCC from this litigation, although MCC had never answered Torgeson's Complaint, See Stipulation Of Dismissal, April 11, 2006 (docket no. 21).
On January 13, 2006, the court entered a Scheduling Order (docket no. 12), which provided, in pertinent part, that this case would be submitted on a written record and briefs on the merits pursuant to a schedule set out in the order. Notwithstanding the terms of the Scheduling Order, the parties failed to submit the written record upon which determination of the case was to be made by the February 15, 2006, deadline, and notwithstanding that no dispositive motions had been contemplated in the Scheduling Order, Torgeson filed a Motion For Summary Judgment (docket no. 13) on March 31, 2006. By order dated April 3, 2006 (docket no. 15), the court sua sponte struck Torgeson's Motion For Summary Judgment, because that motion did not comply with the terms of the Scheduling Order. The order striking Torgeson's Motion For Summary Judgment also set a revised schedule for submission of the case on a written record and briefs, although the court amended that schedule somewhat to correct the deadlines in another order filed April 4, 2006 (docket no. 16). Pursuant to the revised schedule for submission of the case, Unum filed the administrative record on April 13, 2006 (docket no. 22). However, on May 1, 2006, the deadline for submission of her brief on the merits, instead of filing such a brief, Torgeson unaccountably filed another Motion For Summary Judgment (docket no. 26). By order dated May 2, 2006 (docket no. 28), the court again sua sponte struck Torgeson's second Motion For Summary Judgment, because that motion did not comply with either the original or revised schedule for submission of the case on a written record and briefs. In that order, the court also established a second revised schedule for submission of the case on a written record and briefs, prohibited Torgeson from filing any further dispositive motions in this case, and prohibited the parties from filing any other motions in the case except upon leave of the court.
Being able to take a hint when hit over the head with one, the parties finally submitted the case on the written record and briefs, as originally contemplated in the January 13, 2006, Scheduling Order, pursuant to the revised briefing schedule and subsequent extensions: Torgeson filed her opening brief on the merits (docket no. 29) on May 8, 2006; Unum filed its response (docket no. 34) on July 24, 2006; and Torgeson filed a reply (docket no. 35) on August 17, 2006. With the filing of Torgeson's reply, this matter was fully submitted on the merits.1 Unfortunately, in addition to the delays occasioned by Torgeson's failure to comply with the original scheduling order, the press of other business has kept the court from resolving this matter in as timely, a manner as the court would have liked.
The record submitted provides the following factual background. The court will reserve essential findings of fact, however, for its legal analysis.
Jean Torgeson worked for MCC as an "office nurse" from October 1, 1985, until July 28, 2004, when she ceased working owing to health problems allegedly consisting of fibromyalgia, chronic pain syndrome, chronic fatigue syndrome, migraine headaches, and depression. Prior to the onset of these conditions, Torgeson had survived lymphoma and, indeed, had continued to work through the chemotherapy prescribed to treat her cancer. Torgeson's lymphoma had been in remission for almost six years at the time of the events at issue here. Torgeson and her employer attempted to accommodate her limitations from pain, fatigue, migraines, and depression by reducing her work hours, as ordered by her physicians, and by assigning her to a less-demanding "float" nursing position, instead of her prior position in plastic surgery.2 Unfortunately, Torgeson was eventually forced to quit her job...
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