U.S. Court of Appeals for the Fifth Circuit, 2000

Puzonia v. Essilor of America

Puzonia v. Essilor of America
U.S. Court of Appeals for the Fifth Circuit · Decided September 29, 2000

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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