Corvi v. Eastman Kodak Co. Long Term Disability
Plan,
2001 WL 484008 (S.D.N.Y.
May 8, 2001). In Corvi, the
court held that the plan's decision to deny long-term disability benefits was not
arbitrary and capricious based upon a review of the
Administrative Record. Plaintiff Corvi applied for long-term disability benefits, claiming
she could not return to work because she suffered from fibromyalgia, myofascial pain syndrome, degenerative osteoarthritis of
the cervical spine and lower left cervical radiculopathy. Id.
at *1.
While plaintiff's treating physicians concluded that she suffered from
fibromyalgia, the court found that surveillance and other medical information,
including reports from an independent medical evaluation, reflected that
plaintiff Corvi was
"not totally and continually unable to engage in gainful work for
which she is reasonably qualified" under the plan. Id.
at *5.
Accordingly, the plan's decision through its claims administrator,
Met-Life, to deny plaintiff's application for disability benefits was held
not to be arbitrary and capricious.