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    Leagon v. Eaton Corporation, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision to deny Steve Leagon long-term disability benefits. The Court found no reversible error in the district court's reasoning. Additionally, the Court noted that it could only consider evidence that was before the Plan Administrator when the claim was initially denied, and not new evidence presented later. The Court also found that the physician's report relied upon properly considered another physician's assessment as well as a physical exam.

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    Leagon v. Eaton Corporation, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision to deny Steve Leagon long-term disability benefits. The Court found no reversible error in the district court's reasoning. Additionally, the Court noted that it could only consider evidence that was before the Plan Administrator when the claim was initially denied, and not new evidence presented later. The Court also found that the physician's report relied upon properly considered another physician's assessment as well as a physical exam.

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    Filed: 2004-03-09 Precedential Status: Non-Precedential Docket: 03-1969

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision to deny Steve Leagon long-term disability benefits. The Court found no reversible error in the district court's reasoning. Additionally, the Court noted that it could only consider evidence that was before the Plan Administrator when the claim was initially denied, and not new evidence presented later. The Court also found that the physician's report relied upon properly considered another physician's assessment as well as a physical exam.

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    6 views3 pages

    Leagon v. Eaton Corporation, 4th Cir. (2004)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision to deny Steve Leagon long-term disability benefits. The Court found no reversible error in the district court's reasoning. Additionally, the Court noted that it could only consider evidence that was before the Plan Administrator when the claim was initially denied, and not new evidence presented later. The Court also found that the physician's report relied upon properly considered another physician's assessment as well as a physical exam.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-1969

    STEVE LEAGON,
    Plaintiff - Appellant,
    versus
    EATON CORPORATION,
    Defendant - Appellee,
    and
    KEMPER NATIONAL INSURANCE
    Eaton Appeals Coordinator,

    COMPANIES,

    d/b/a
    Defendant.

    Appeal from the United States District Court for the District of
    South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
    Judge. (CA-02-898-20)

    Submitted:

    February 19, 2004

    Decided:

    Before WIDENER, WILKINSON, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    March 9, 2004

    Charles J. Hodge, HODGE LAW FIRM, Spartanburg, South Carolina, for


    Appellant. Jeffrey D. Zimon, BENESCH, FRIEDLANDER, COPLAN &
    ARONOFF, LLP, Cleveland, Ohio, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    In this suit arising under the Employee Retirement Income
    Security Act, Steve Leagon appeals from the district courts order
    affirming Defendants decision to deny Leagon long-term disability
    benefits.

    We have reviewed the briefs and joint appendix and find

    no reversible error. Accordingly, we affirm for the reasons stated


    by the district court. See Leagon v. Eaton Corp., No. CA-02-898-20
    (D.S.C. filed July 18, 2003 & entered July 21, 2003).
    In addition, we note that Leagon relies on statements in
    his affidavit attacking the Labor Market Survey submitted by Eaton.
    However, the affidavit was not presented to Eaton, and we can only
    consider evidence that was before the Plan Administrator when the
    claim was denied.

    See Elliot v. Sarah Lee Corp., 190 F.3d 601,

    608-09 (4th Cir. 1999); Krizek v. Cigna Group Ins., 345 F.3d 91, 97
    (2d Cir. 2003) (new evidence may be considered in district court
    only where good cause is shown).

    Further, Leagon contends that

    Dr. DuPuys report was given too much weight, considering it relied
    on a functional assessment which was never completed. However, the
    record reflects that DuPuy properly relied on another physicians
    estimated assessment, as well as a physical exam.
    We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.

    AFFIRMED

    - 3 -

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