Myers v. Iron Workers District Counsel of Southern Ohio & Vicinity Pension Trust

U.S. Court of Appeals for the Sixth Circuit
Myers v. Iron Workers District Counsel of Southern Ohio & Vicinity Pension Trust, 217 F. App'x 526 (6th Cir. 2007)

Myers v. Iron Workers District Counsel of Southern Ohio & Vicinity Pension Trust

Opinion

OPINION

PER CURIAM.

Plaintiff Joseph Myers appeals from a district court order granting judgment on the administrative record to Defendant Iron Workers District Council of Southern Ohio & Vicinity Pension Trust (the Trust) in an action for payment of disability benefits brought under 29 U.S.C. § 1132(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. After a de novo review of the administrative record, the district court concluded that Myers’s ailments did not amount to a “total and permanent disability” from ironworking as defined by the Trust and, therefore, the Trust did not wrongfully deny Myers a disability pension. Myers appeals, claiming that the administrative record supports a finding that he is totally and permanently disabled within the Trust’s definition. As a result, says Myers, he is entitled to a disability pension.

Having reviewed the district court opinion de novo, Glenn v. MetLife, 461 F.3d 660, 665 (6th Cir. 2006), and upon careful review of the record and the parties’ submissions, we conclude that the issuance of a more detailed opinion by this Court would be duplicative and serve no useful purpose. Accordingly, for substantially the same reasons set forth in the district court’s comprehensive and well-reasoned opinion, Myers v. Iron Workers Dist. Council of S. Ohio & Vicinity Pension Trust, No. 2:04-CV-966, 2005 WL 2979472 (S.D.Ohio Nov. 7, 2005), we AFFIRM the district court order granting judgment on the administrative record to the Trust.

Reference

Full Case Name
Joseph MYERS, Plaintiff-Appellant, v. IRON WORKERS DISTRICT COUNSEL OF SOUTHERN OHIO & VICINITY PENSION TRUST, Defendant-Appellee
Cited By
2 cases
Status
Unpublished