F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JAN 24 2002
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
ROGER WOODS,
Plaintiff-Appellant,
v. No. 01-8009
(D.C. No. 98-CV-42-B)
ARCO LONG TERM DISABILITY (D. Wyo.)
PLAN; ATLANTIC RICHFIELD
COMPANY, a Delaware corporation,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before EBEL , KELLY , and BRISCOE , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Injured in a workplace accident, plaintiff Roger Woods sought and obtained
permanent disability benefits under a benefit plan governed by the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. As a
result of a routine review of his file, the plan administrator terminated his
benefits, finding that his injury did not prevent him from securing what the terms
of the plan define as “gainful employment.”
After an unsuccessful administrative appeal, Woods filed suit in federal
district court, alleging that the termination of his benefits violated ERISA. The
district court granted summary judgment against him. He appeals.
The parties are familiar with the additional facts comprising and framing
this dispute, so we need not repeat them here. Having carefully reviewed the
parties’ briefs, the record on appeal, as well as the law governing this ERISA
claim, we AFFIRM the judgment of the district court for substantially the same
reasons set forth in the magistrate judge’s order dated November 30, 2000.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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