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            Title Moats v. United Mine Workers of America Health and Retirement Funds

 

            Date 1992

            By Alito

            Subject Misc

                

 Contents

 

 

Page 1





LEXSEE 981 F2D 685


ARTHUR J. MOATS v. THE UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUNDS, Appellant


No. 92-3067


UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT



981 F.2d 685; 1992 U.S. App. LEXIS 29829


August 7, 1992, Submitted

November 12, 1992, Filed


PRIOR   HISTORY:             **1        ON   APPEAL   FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN  DISTRICT  OF  PENNSYLVANIA.  (D.C. Civil No. 91-00659).


CASE SUMMARY:



PROCEDURAL   POSTURE:   Appellant   trustees   of health and retirement funds plan challenged an order of the United States District Court for the Western District of  Pennsylvania,  which  granted  summary  judgment  to appellee beneficiary who claimed that he was entitled to a disability pension because he was injured in a "mine accident."


OVERVIEW:  Appellee  filed  suit  seeking  benefits  due under a union pension plan for injuries suffered in an au- tomobile accident. The plan provided disability benefits for beneficiaries disabled in a "mining accident." Appellee had applied for a disability pension from the plan, but the application was denied by appellant trustees of health and retirement funds plan on the ground that his automobile accident was not a "mine accident" within the meaning of the plan. The district court granted summary judgment for appellee, finding that appellant's decision denying his claim  was  arbitrary  and  capricious.  The  court  reversed and  remanded  for  entry  of  an  order  granting  summary judgment to appellant. The court held that appellant's de- cision was not arbitrary or capricious. Appellee was not injured in a mine or while working in a mine facility. He was injured while driving home from work. Thus, appel- lant's decision that the accident was not a "mine accident" did not violate the plain meaning of the plan's language. The court ruled that appellant's decision was rationally related to a valid plan purpose; namely, the preservation of  plan  resources  for  accidents  more  closely  related  to actual employment.


OUTCOME: The court reversed the district court's grant


of  summary  judgment  in  favor  of  appellee  beneficiary, holding that appellant trustees of health and retirement funds plan's decision denying appellee disability pension was not arbitrary or capricious because appellee was not injured in a "mine accident" within the meaning of the union pension plan.


LexisNexis(R) Headnotes


Administrative Law > Judicial Review > Standards of

Review > Arbitrary & Capricious Review

Labor     &             Employment         Law         >              Disability               & Unemployment   Insurance   >   Disability   Insurance Benefits > Review

HN1  When a benefits plan gives an administrator discre- tion in determining eligibility, a district court may over- turn a decision of the administrator only if it is arbitrary or capricious.


Administrative Law > Judicial Review > Standards of

Review > De Novo Review

HN2  The court reviews the district court's decision un- der a plenary standard.


Administrative Law > Judicial Review > Standards of

Review > Arbitrary & Capricious Review

HN3  A decision is arbitrary and capricious if it is not ra- tional and based on consideration of the relevant factors. Judicial review under this standard must be searching and careful but that the court may not substitute its judgment for that of the decisionmaker.


Administrative Law > Judicial Review > Standards of

Review > Arbitrary & Capricious Review

Labor     &             Employment         Law         >              Disability               & Unemployment   Insurance   >   Disability   Insurance Benefits > Review

HN4  In a case involving the interpretation of a provision of a pension plan, under the arbitrary and capricious stan- dard, the trustees' interpretation should be upheld even if the district court disagrees with it, so long as the interpre-


981 F.2d 685, *; 1992 U.S. App. LEXIS 29829, **1

Page 2



tation is rationally related to a valid plan purpose and not contrary to the plain language of the plan.


Pensions   &   Benefits   Law   >   Employee   Retirement

Income Security Act (ERISA) > Procedures

HN5   A  settlor  of  an  Employee  Retirement  Income Security Act plan is not required to incorporate worker's compensation  standards  into  the  plan,  and  unless  such standards are incorporated there is no reason why they should bind the plan's trustees or administrator.


Labor     &             Employment         Law         >              Disability               & Unemployment   Insurance   >   Disability   Insurance Benefits > Coverage & Definitions

HN6  An accident is a mine accident if it occurs after an employee has arrived at work and is preparing for the start of his work.


COUNSEL:  GLENDA  S.  FINCH,  ESQ.,   ANGELA KENNEDY,   ESQ.,   REGINA   M.   PIZZONIA,   ESQ., UMWA Health and Retirement Funds, 4455 Connecticut Avenue,  N.W.  Washington,  D.C.  20008,  Attorneys  for Appellant.


CHERYL                 A.            IGNASIAK,           ESQ.,       OGG,       JONES, DeSIMONE   &   IGNELZI,   245   Fort   Pitt   Boulevard, Pittsburgh, PA 15222, Attorneys for Appellee.


JUDGES:               Before:    GREENBERG,        ALITO,   and

ALDISERT, Circuit Judges. OPINIONBY: ALITO OPINION:   *686


OPINION OF THE COURT


ALITO, Circuit Judge:


This is an appeal by the Trustees of the United Mine Workers Health  and  Retirement  Funds  (the  "Trustees") from a district court order granting summary judgment to Arthur J. Moats, a beneficiary who claimed that he was entitled  to  a  disability  pension  because  he  was  injured in a "mine accident." In granting summary judgment for Moats, the district court held that the Trustees' decision denying Moats's claim was arbitrary and capricious. We hold that the Trustees' decision was not arbitrary or capri- cious, and we therefore reverse and remand for entry of an order granting summary judgment to the Trustees.


I.


Moats  was  employed  as  a  roof  bolter  for  Emerald

**2    Mine Corporation in Waynesburg, Pennsylvania. One day in May 1985, Moats completed his shift of work and walked to his automobile, which was parked in a lot



owned by his employer. While driving through the lot to- ward the exit, his vehicle collided with a coal truck owned by  a  coal  hauling  company  working  for  his  employer. Moats was injured and eventually collected worker's com- pensation and Social Security disability insurance bene- fits.


Moats applied for a disability pension from the United Mine  Workers  1974  Pension  Plan  (the  "UMW  Plan"), which  provides  disability  benefits  for  beneficiaries  dis- abled in a "mine accident." Moats's application was de- nied on the ground that his automobile accident was not a "mine accident" within the meaning of the Plan. Moats filed a request for review, and a hearing was held before a hearing officer, but the hearing officer also concluded that Moats had not been injured in a "mine accident." The hearing officer cited two questions and answers (Q & As

252 and 288) contained in the Funds' policy interpretation guidelines.


Moats  then  began  this  action  in  the  United  States District Court for the Western District of Pennsylvania, pursuant to ERISA, 29 U.S.C. § 1132, **3   seeking ben- efits due under the Plan. On cross-motions for summary judgment,  the district court entered summary judgment for  Moats,  holding  that  the  Trustees'  denial  of  benefits was arbitrary and capricious. Noting that Moats "collided on coal company property with a truck that was engaged in hauling   *687    coal for his  employer," the district court  reasoned  that  there  was  "a  significant  connection between the accident in which Moats  was injured and his employment . . ., and that it would be unreasonable not to consider this accident as an accident in the course of Moats's  employment." App. at 331.


The district court also relied on its own prior decision in Thomas v. United Mine Workers 1974 Benefit Plan and Trust, Civ. Action No. 89-02371 (Oct. 31, 1990), which we  affirmed  by  judgment  order,  No.  90-3803  (3d  Cir. May 21,  1991). In that case a miner was injured when he slipped on the ice and fell as he walked to his car in his employer's parking lot. The Trustees concluded that Thomas had not been injured in a "mine accident," but the district court held that this decision was arbitrary and capricious. The court relied heavily on a letter from the Funds' general and associate counsel **4   to its director regarding still another disability claim.


This  third  claim  involved  a  miner,  Donald  Harless, who was injured when he slipped on the ice and fell while walking from the bathhouse, where he had changed into his work clothes, to the lamphouse, where he was required to pick up his lamp before beginning his shift. This mem- orandum  concluded  that  Harless  had  been  injured  in  a

"mine accident" because his accident occurred after his arrival at work and while he was preparing for the start


981 F.2d 685, *687; 1992 U.S. App. LEXIS 29829, **4

Page 3



of  his  work  day  at  the  mine.  The  memorandum  added that  this  construction  of  the  term  "mine  accident"  was consistent with a rule applied in worker's compensation cases under which injuries suffered while going to and from work are compensable if they occur close to the job site, on company property, and within a reasonable time of the beginning or end of the work day. The court con- cluded that Thomas's case fell within this rule. Moreover, because the court could find "no basis for distinguishing between  Mr.  Thomas  and  Mr.  Harless,"  the  court  held that the denial of benefits to Thomas was arbitrary and capricious.  App.  at  330.  Similarly,  in  the  present  case, because the court could not distinguish **5    Harless's and Thomas's accidents from Moats's, the court granted summary judgment for Moats. The Trustees then took this appeal.


II.


A. HN1  When a benefits plan gives an administra- tor  discretion  in  determining  eligibility,  a  district  court may overturn a decision of the administrator only if it is arbitrary or capricious. Firestone Tire and Rubber Co. v. Bruch,  489 U.S. 101,  111,  115,  103 L. Ed. 2d 80,  109

S. Ct. 948 (1989); Stoetzner v. United States Steel Corp.,

897 F.2d 115, 119 (3d Cir. 1990). Here, the district court held --  and both parties agree --  that the plan gives the Trustees such discretion and that their decision denying Moats's claim was thus subject to review in the district court  under  the  arbitrary  and  capricious  standard.  The Fourth Circuit has reached the same conclusion regard- ing the UMW Plan ( Boyd v. Trustees of the United Mine Workers Health and Retirement Funds, 873 F.2d 57, 59

(4th  Cir.  1989)),  and  we  also  agree.  Consequently,  the question before us is whether the district court was right in holding that the Trustees' decision was arbitrary and capricious. n1


n1 HN2  We review the district court's decision under a plenary standard.  Gaines v. Amalgamated Insurance Fund,  753 F.2d 288,  289-290 (3d Cir.

1985).


**6


The  Supreme  Court  stated,  albeit  in  another  con- text,  that   HN3   a  decision  is  arbitrary  and  capricious if  it  is  "not  rational  and  based  on  consideration  of  the relevant  factors."  FCC  v.  National  Citizens  Comm.  for Broadcasting, 436 U.S. 775, 803, 56 L. Ed. 2d 697, 98

S. Ct. 2096 (1978). The Court added that judicial review under this standard must be " searching and careful'" but that the court may not "substitute its judgment for that of the decisionmaker ." Id., quoting Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416, 28 L. Ed. 2d



136, 91 S. Ct. 814 (1971). See also Motor Vehicle Mfrs. Ass'n v. State Farm Mutual Automobile Ins. Co., 463 U.S.

29, 43, 77 L. Ed. 2d 443, 103 S. Ct. 2856 (1983). HN4  In a case   *688   involving the interpretation of a provision of a pension plan, we wrote that under the arbitrary and capricious standard, the trustees' interpretation "should be upheld even if the court disagrees with it, so long as the interpretation is rationally related to a valid plan purpose and not contrary to the plain language of the plan." Gaines v Amalgamated Insurance Fund, 753 F.2d 288, 289 (3d Cir. 1985). Applying these principles,  we hold that the Trustees'   **7    decision  denying  Moats's  application was not arbitrary and capricious.


B. We begin with the language of the Plan itself, which provides that a miner is eligible for a disability pension only if his injury stems from a "mine accident." The Plan does not define the term "mine accident."


If this Plan provision is viewed in isolation, without considering the policy interpretation guidelines to which we previously referred and to which we will return, was it arbitrary and capricious for the Trustees to conclude that Moats's automobile accident was not a "mine accident"? We think not. Moats was not injured in a mine or while working in a mine facility. He was injured while driving home  from  work.  Consequently,  the  Trustees'  decision that his accident was not a "mine accident" did not vio- late the plain meaning of the Plan's language.   Gaines,

753  F.2d  at  289.  Moreover,  the  Trustees'  decision  was rationally related to a valid plan purpose --  namely, the preservation of Plan resources for accidents more closely related to actual employment. In applying the term "mine accident" to accidents involving miners travelling to and from work, the Trustees obviously had **8    to draw a line somewhere -- whether at the miners' own doorsteps, at the entrance to a mine or mine facility, or at some point in  between.  We  cannot  say  that  the  point  at  which  the Trustees chose to draw the line --  prior to the beginning of a miner's trip home by automobile -- was irrational.


The Trustees' application of the Plan language in this case  also  finds  strong  support  in  policy  interpretation guidelines  (in  the  form  of  questions  and  answers)  that the Trustees had properly issued well before Moats's ac- cident. See District 17 v. Allied Corp., 765 F.2d 412, 417

(4th Cir. 1985). Q & A 252 states that a miner is eligible for a disability pension only if his disability "occurred in the course of the miner's employment." Q & A 130 pro- vides that " a  miner injured in an auto accident while on his way to work at the mine" could be not eligible for a disability pension but that a truck driver injured in a high- way accident while hauling coal could be eligible. The Q

& A explains that "the term mine accident' is interpreted to mean an accident in the normal course of a participant's


981 F.2d 685, *688; 1992 U.S. App. LEXIS 29829, **8

Page 4




classified employment."


Finally,  Q  &  A  288  addresses  a  hypothetical  case

**9   almost identical to Moats's. This Q & A states: Q.


A miner,  either going to work or returning from work at the mine, is killed in an automo- bile accident on coal company property. Can this be considered as a mine accident death, thereby qualifying the surviving spouse for the $10,000 payment plus $100 a month for life or until remarriage?


A.


No,  the  accident  resulting  in  the  miner's death must have occurred as a direct result of his performance of classified work for a signatory Employer in order for the surviv- ing spouse to qualify for these benefits. The spouse will, however, qualify for the $7,500 death benefit.


In light of these Q & As, it is clear that the Trustees' de- cision in this case was not arbitrary or capricious. Moats attempts to distinguish the hypothetical case discussed in Q & A 288 from his own case on the ground that he "was not injured by some third party having no connection to the mine whatsoever." n2 Appellees' Br. at 17. Q & A 288, however, does not specify the identity of any other driver involved in the hypothetical accident it discusses. More important,  even if Q & A 288 may be factually distin- guished on the ground   *689   Moats cites, the question

**10    before us is not whether we would find such a distinction appropriate if we were interpreting Q & A 288 de  novo.  Rather,  the  question  before  us  is  whether  the Trustees  acted  arbitrarily  and  capriciously  in  failing  to draw this distinction. In our view, they did not.


n2 Moats attempts to distinguish Q & A 130 on a similar basis. See Appellee's Br. at 21.



C. The district court held that the Trustees' decision in this case was arbitrary and capricious in part because the court saw "a significant connection" between Moats's ac- cident and his employment. But neither the Plan itself nor the policy interpretation guidelines provide that a miner is  entitled  to  a  disability  pension  if  injured  in  an  acci- dent having a "significant connection" with the miner's employment. Instead,  as  noted,  the  Plan  states  that  the accident must be a "mine accident," and the guidelines state that the accident must occur "in the course of em-



ployment" (Q & As 130, 252). Accordingly, even if there was  a  "significant  connection"  between  Moats's   **11  accident and his employment, it would not follow that the Trustees' decision was arbitrary and capricious.


Moats suggests that the Trustees' decision was prop- erly  overturned  because  he  has  been  awarded  worker's compensation, but in our view these benefits are of little significance for present purposes. HN5  A settlor of an ERISA plan is not required to incorporate worker's com- pensation standards into the plan, and unless such stan- dards are incorporated we see no reason why they should bind the plan's trustees or administrator. See Kunstenaar v. Connecticut General Life Ins. Co.,  902 F.2d 181 (2d Cir.  1990);  Brown  v.  Retirement  Comm.  of  Briggs  & Stratton Retirement Plan,  797 F.2d 521 (7th Cir.),  cert. denied,  479  U.S.  1094,  94  L.  Ed.  2d  165,  107  S.  Ct.

1311 (1987); Glover v. South Central Bell Telephone Co.,

644 F.2d 1155 (5th Cir. 1981); Paterson v. Southwestern Bell  Telephone  Co.,  411  F.  Supp.  79  (E.D.  Ok.  1976); McNamara v. Journal Co., 581 F. Supp. 927 (E.D. Wisc.

1984). Similarly, we see little significance for present pur- poses in the **12   testimony of a federal mine inspector that Moats's accident would have been considered a mine injury under federal mine safety guidelines. Those guide- lines did not have to be and were not incorporated into the UMW Plan. n3


n3  Moats's  reliance  on  his  receipt  of  Social Security  disability  benefits  is  even  farther  afield. Eligibility  for  such  benefits  is  not  restricted  to those injured in employment-related accidents. The UMW Plan provides that receipt of such benefits conclusively establishes total disability (see Art. II D; Horn v. Mullins, 650 F.2d 35, 37 (4th Cir. 1981), but the plan does not provide --  and it would be nonsensical to provide --  that the receipt of such benefits establishes that the recipient was injured in a "mine accident."



Finally,  we  do  not  think  that  either  the  court  deci- sions  in  the  Thomas  case  or  the  Trustees'  decision  in Harless's case provides a basis for sustaining the district court's decision here. Turning first to Harless's case, we agree  with  the   **13    Trustees  that  Harless's  accident may reasonably be distinguished from Moats's. Harless, as  previously  noted,  had  arrived  at  work,  had  changed into his work clothes in the bathhouse, and was headed for the lamphouse to pick up his lamp when he slipped on ice and sustained his injury. The internal memorandum on which the district court relied stated that Harless was injured in a "mine accident" because he was injured "after his arrival at work" and "while preparing for the start of his work day at the mine." The memorandum cited Q &


981 F.2d 685, *689; 1992 U.S. App. LEXIS 29829, **13

Page 5



A DB-6, which states that a hypothetical miner who was killed on his employer's property while cleaning his truck bed in preparation for his day's work as a truck driver was killed in a "mine accident." Thus, the Trustees' decision with respect to Harless's claim may be viewed as based on a principle that is totally inapplicable to Moats, i.e., that HN6  an accident is a mine accident if it occurs after an employee has arrived at work and is preparing for the start of his work.


Moats and the district court point to a portion of the Harless memorandum concluding that the memorandum's application of the term "mine accident" to Harless's case was "consistent with **14    the decisions of courts in workmen's compensation cases," (App. at 318) in which employees have been awarded benefits for injuries sus- tained   *690    while  going  to  and  coming  from  work if their accidents occurred close to the job site, on com- pany  property,  and  within  a  reasonable  time  before  or after the beginning or end of the work day. The district court thought that it was arbitrary and capricious for the Trustees not to apply this worker's compensation rule in Moats's case, but we disagree. The Harless memorandum simply said that the interpretation in that case was "con-



sistent with" the rule in worker's compensation cases. This statement did not expressly adopt this rule, and we do not think it constituted a binding commitment by the Trustees to apply the worker's compensation rule in all future cases involving the interpretation of the term "mine accident." Turning last to the Thomas case, we agree with the district court that it is factually similar to Moats's case, but it is not identical. Thomas was injured while walk- ing  to  his  car,  not  while  driving  away  from  work,  and thus  Q  &  As  130  and  288  do  not  directly  address  the facts of his case. In any event, the district court's decision

**15    in Thomas obviously does not bind us, and our judgment  order  affirmance,  under  our  long-established practice, has no precedential significance. We could not affirm the district court's decision in this case simply on the strength of our judgment order in Thomas. Instead, we must make an independent decision whether the Trustees in this case acted arbitrarily and capriciously in denying Moats's claim, and for the reasons already explained, we hold that they did not.


We will therefore reverse the decision of the district court and remand for entry of summary judgment in favor of the Trustees.



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