Garafola v. Paul Revere Life Ins

U.S. Court of Appeals for the Fifth Circuit

Garafola v. Paul Revere Life Ins

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-30613 Summary Calendar

JOHN GARAFOLA,

Plaintiff-Appellant,

versus

PAUL REVERE LIFE INSURANCE COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the Middle District of Louisiana (USDC No. 98-CV-125) _______________________________________________________

December 14, 2001 Before REAVLEY, DAVIS and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Plaintiff-appellant John Garafola appeals the district court’s judgment that he

is not entitled to long-term disability benefits. As noted below, Garafola had ceased

to work for his employer before he sought treatment for attention

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. deficit/hyperactivity disorder. The termination date listed on Garafola’s claim form

and correspondence from his attorney bear this out. Although Garafola points to

payroll records that indicate he was employed after he sought treatment, these

documents are not in the record. Moreover, the benefit summary states that

insurance automatically terminates if the employee “ceases full-time work.” Even if

it is accepted as true that Garafola consulted with his successor after he was

formally terminated, he indisputably ceased full-time work before he was treated for

attention deficit/hyperactivity disorder.

AFFIRMED.

2

Reference

Status
Unpublished