Puzonia v. Essilor of America

U.S. Court of Appeals for the Fifth Circuit

Puzonia v. Essilor of America

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 00-40253 Summary Calendar _____________________

RAIMUND PUZONIA,

Plaintiff-Appellant,

versus

ESSILOR OF AMERICA,

Defendant-Appellee.

_______________________________________________________

Appeal from the United States District Court for the Eastern District of Texas (USDC No. 4:99-CV-164) _______________________________________________________ September 28, 2000

Before REAVLEY, JOLLY and JONES, Circuit Judges.

PER CURIAM:*

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Appellant Raimund Puzonia agues that the replacement of his penile

prosthesis was a medical necessity and therefore covered under the Essilor of

America, Inc. medical plan. We agree with the district court that the record shows

that the costs of replacement were “charges in connection with the treatment of

sexual dysfunction” and were therefore excluded from coverage.

AFFIRMED.

Reference

Status
Unpublished