C Ross Mossler v. Aetna Life Insurance Company

Justia Dockets & Filings Ninth Circuit California Central District C Ross Mossler v. Aetna Life Insurance Company

C Ross Mossler v. Aetna Life Insurance Company

Plaintiff:	C Ross Mossler
Defendant:	Aetna Life Insurance Company
Case Number:	2:2013cv01945
Filed:	March 19, 2013
Court:	US District Court for the Central District of California
Presiding Judge:	Stephen J. Hillman
Nature of Suit:	Labor: E.R.I.S.A.

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Date Filed	Document Text
July 21, 2014	Filing 37 JUDGMENT by Judge S. James Otero: DEFENDANT AETNA LIFE INSURANCE COMPANY SHALL: (1) Grant long term disability benefits to Plaintiff C. Ross Mossler for the period from January 11, 2012 through April 30, 2012 and pay to C. Ross Mossler benefits for t hat period totaling $2,811.99 plus prejudgment interest in the amount to be determined by timely motion or stipulation; (2) that the determination of Plaintiff C. Ross Mosslers entitlement to long term disability benefits under the own occupatio n standard of Policy No. GP-62135 for the period from May 1, 2012 through January 10, 2014 and, if Plaintiff is entitled to benefits under the "own occupation" standard for this period,under the any occupation standard under Policy No. GP-6 21353 for the period from January 11, 2014 thereafter are remanded to defendant Aetna Life Insurance Company for further consideration and determination after submission of additional medical evidence for the period from May 1, 2012 to the present. I t is further ordered, adjudged and decreed that Defendant Aetna Life Insurance Company shall pay the plaintiff C. Ross Mossler and his counsel of record, the ERISA Law Group, attorneys fees in an amount to be determined by timely motion and statutory costs in an amount to be determined after filing a timely cost bill.(MD JS-6, Case Terminated). (lc)
June 30, 2014	Filing 33 MINUTES IN CHAMBERS: FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge S. James Otero:Having carefully reviewed the administrative record and the arguments of counsel, the Court makes the following findings of fact and conclusions of law pursu ant to Federal Rule of Civil Procedure 52.1 See Fed. R. Civ. P. 52. For the reasons discussed below, the Court enters judgment in favor of Plaintiff .The Court finds that under de novo review, Plaintiff established, by the preponderance of the eviden ce, that he was "totally disabled" under the Policy between January 11, 2012, and at least April 25, 2012. Thus, the Court awards Plaintiff retroactive LTD benefits from January 12, 2012, through April 30, 2012. The Court further remands to Defendant to decide whether Plaintiff was totally disabled under the "own occupation" standard between April 30, 2012, and January 11,2014, and if so, whether he was totally disabled thereafter under the "any occupation" standard. Plaintiff shall have until July 14, 2014, to submit a proposed judgment in accordance with this order. (lc) Modified on 6/30/2014 (lc).

Date Filed

Document Text

July 21, 2014

Filing 37 JUDGMENT by Judge S. James Otero: DEFENDANT AETNA LIFE INSURANCE COMPANY SHALL: (1) Grant long term disability benefits to Plaintiff C. Ross Mossler for the period from January 11, 2012 through April 30, 2012 and pay to C. Ross Mossler benefits for t hat period totaling $2,811.99 plus prejudgment interest in the amount to be determined by timely motion or stipulation; (2) that the determination of Plaintiff C. Ross Mosslers entitlement to long term disability benefits under the own occupatio n standard of Policy No. GP-62135 for the period from May 1, 2012 through January 10, 2014 and, if Plaintiff is entitled to benefits under the "own occupation" standard for this period,under the any occupation standard under Policy No. GP-6 21353 for the period from January 11, 2014 thereafter are remanded to defendant Aetna Life Insurance Company for further consideration and determination after submission of additional medical evidence for the period from May 1, 2012 to the present. I t is further ordered, adjudged and decreed that Defendant Aetna Life Insurance Company shall pay the plaintiff C. Ross Mossler and his counsel of record, the ERISA Law Group, attorneys fees in an amount to be determined by timely motion and statutory costs in an amount to be determined after filing a timely cost bill.(MD JS-6, Case Terminated). (lc)

June 30, 2014

Filing 33 MINUTES IN CHAMBERS: FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge S. James Otero:Having carefully reviewed the administrative record and the arguments of counsel, the Court makes the following findings of fact and conclusions of law pursu ant to Federal Rule of Civil Procedure 52.1 See Fed. R. Civ. P. 52. For the reasons discussed below, the Court enters judgment in favor of Plaintiff .The Court finds that under de novo review, Plaintiff established, by the preponderance of the eviden ce, that he was "totally disabled" under the Policy between January 11, 2012, and at least April 25, 2012. Thus, the Court awards Plaintiff retroactive LTD benefits from January 12, 2012, through April 30, 2012. The Court further remands to Defendant to decide whether Plaintiff was totally disabled under the "own occupation" standard between April 30, 2012, and January 11,2014, and if so, whether he was totally disabled thereafter under the "any occupation" standard. Plaintiff shall have until July 14, 2014, to submit a proposed judgment in accordance with this order. (lc) Modified on 6/30/2014 (lc).

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Defendant: Aetna Life Insurance Company
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Plaintiff: C Ross Mossler
Represented By:	Thornton Davidson
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