DuMond v. Centex Corp., 1999 U.S. App. LEXIS 6651 (8th Cir. Apr 9, 1999)

DuMond v. Centex Corp., 1999 U.S. App. LEXIS 6651 (8^th Cir. Apr 9, 1999)-This is a claim for long-term disability benefits. The claimant claimed she was totally disabled due to chronic fatigue syndrome. Plaintiff's doctors originally diagnosed her with chronic fatigue syndrome but noted that plaintiff's dental problems may have caused the fatigue. Plaintiff's doctors reversed the diagnosis of CFS after the plaintiff received dental care. Great-West Life Insurance Company was the claims administrator. Great-West required plaintiff to meet the criteria identified by the CDC. As part of its CFS review procedure, Great-West conducted a double-blind review process with Dr. Myron Liebhaber-a physician specializing in allergy/immunology. Dr. Liebhaber decided that plaintiff did not meet the CDC criteria. Court notes that Centex does not dispute that CFS is an organic disease under the plan but only argued that Plaintiff failed to meet the CDC criteria. Court concluded that plaintiff's medical records did not support a diagnosis of CFS. Eighth Circuit affirmed the district court's grant of summary judgment in favor of Centex. Court never decided the correct standard of review since under either standard medical evidence did not support disability.