United States First Circuit

Dismissal of a complaint to recover long-term disability benefits, statutory penalties, and attorneys' fees pursuant to ERISA is affirmed where, under the terms of the Plan, an employee on leave of absence due to a work-related injury ceases to be a participant.

Appellate Information

• Decided 10/23/2003
• Published 10/23/2003

Judges

• SCHWARZER, Senior District Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bernard A. Kansky was on brief for appellant.


• For Appellees:
  
• Richard L. Alfred, with whom Christopher A. Weals, was on brief for appellees New England Business Service, Inc. and Seth A. Canter., David B. Crevier, with whom Theodore F. Glockner, was on brief for appellees Hartford Life Insurance Companies, Inc. and Group Long Term Disability Insurance Benefits For Employees of New England Business Service, Inc.