United States Ninth Circuit

Because 1) the proper standard of review of a Voluntary Plan Administrator's decision under the facts is de novo, and 2) the treating physician rule applies to ERISA plan decisions, a genuine issue exists as to whether plaintiff is disabled, thus summary judgment in a denial of benefits claim was improper.

Appellate Information

• Argued 12/03/2001
• Decided 11/19/2002
• Published 11/19/2002

Judges

• Before: PREGERSON, TASHIMA and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles J. Fleishman, Beverly Hills, CA, for the appellant.


• For Appellees:
  
• Joseph P. Busch, III, Gibson, Dunn & Crutcher, Los Angeles, CA, for the appellee.