In Milano v. Provident Life & Casualty Insurance Company, et al., No. 21-97-CV, 2022 WL 103314 (2d Cir. Jan. 11, 2022), Plaintiff-Appellant Alfred Derf Milano appealed the district court’s judgment dismissing his suit under ERISA for long-term disability benefits. The district court decided the matter under Fed. R. Civ. P. 52, where it made findings of fact for which the Second Circuit reviews for clear error. The Second Circuit found no clear error in the district court’s determination that Milano’s only supported limitation was an inability to use ground transportation. The district court considered Milano’s self-reports but found them to be contradicted by his doctors’ treatment notes.
The Second Circuit also found that it was not clearly erroneous for the district court to find that riding ground transportation was not a material duty of Milano’s occupation. Though there was a dispute as to whether Milano’s occupation was a “manager of a large bond trading department of an international financial firm,” or a “generic” bond salesman, Milano did not show that the ability to take ground public transportation is necessary to the performance of the duties of a manager of bond salesmen. The court affirmed the judgment of the district court.
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