Abella v. Foote Mem'l Hosp., Inc., 740 F.2d 4 (6th Cir. 1984). · Go Syfert
Abella v. Foote Mem'l Hosp., Inc., 740 F.2d 4 (6th Cir. 1984). Cases Citing This Book View Copy Cite
36 citation events (15 in the last 25 years) across 14 distinct courts.
Strongest positive: Metropolitan Life Insurance Company v. William Grundy (kyctapp, 2026-01-30)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Metropolitan Life Insurance Company v. William Grundy
Ky. Ct. App. · 2026 · confidence medium
Foote Mem’l Hosp., 740 F.2d 4, 5 (6th Cir. 1984)); see also Schwartz v. Liberty Life Assur.
discussed Cited as authority (rule) Western Organization v. Ryan Zinke
D.C. Cir. · 2018 · confidence medium
Citizen Health Research Grp. v. Comm’r, FDA, 740 F.2d 4 21, 32 (D.C.
cited Cited as authority (rule) Langley v. DaimlerChrysler Corp.
6th Cir. · 2007 · confidence medium
In Abella, a panel of this court affirmed, in a per curiam opinion, a district court’s finding that no ERISA plan existed. 740 F.2d at 5.
cited Cited as authority (rule) Langley v. DaimlerChrysler
6th Cir. · 2007 · confidence medium
Foote Mem’l Hosp., 740 F.2d 4, 5 (6th Cir. 1984).
discussed Cited as authority (rule) McMahon v. Digital Equipment Corp.
D. Mass. · 1996 · confidence medium
Shea v. Wells Fargo Armored Service Corporation, 810 F.2d 372, 376 (2 Cir.1987), California Hospi *73 tal Association v. Henning, 770 F.2d 856, 859 (9 Cir.1985), modified, 783 F.2d 946 (9 Cir.1986), cert. denied, 477 U.S. 904 , 106 S.Ct. 3273 , 91 L.Ed.2d 564 (1986), Abella v. W.A Foote Memorial Hospital, Inc., 740 F.2d 4, 5 (6 Cir.1984) (per curiam).
cited Cited as authority (rule) McGraw v. FD Services, Inc.
D.S.C. · 1993 · confidence medium
Foote Memorial Hospital, Inc., 740 F.2d 4, 5 (6th Cir.1984).
discussed Cited as authority (rule) William Shea, Michael McGuire Michael Kelly, and All Other Persons Similarly Situated v. Wells Fargo Armored Service Corporation
2d Cir. · 1987 · confidence medium
Abella, 740 F.2d at 5 (accumulated sick leave payable on termination is payroll practice); Department of Labor ERISA Opinion Letter No. 79-48A (plan allowing accumulation of up to sixty days of sick leave to be paid on severance classified as payroll practice).
cited Cited as authority (rule) Shea v. Wells Fargo Armored Service Corp.
E.D.N.Y · 1986 · confidence medium
Foote Memorial Hosp., Inc., 740 F.2d 4, 5 (6th Cir.1984).
cited Cited as authority (rule) California Hospital Ass'n v. Henning
9th Cir. · 1985 · confidence medium
Foote Memorial Hosp., Inc., 740 F.2d 4, 5 (6th Cir.1984) (per curiam).
Retrieving the full opinion text from the archive…
Jose M. Abella
v.
W.A. Foote Memorial Hospital, Inc., a Michigan Non-Profit Corporation, and John Doe, Administrator of W.A. Foote Memorial Hospital, Inc.'s Employee Welfare Benefits Plan With Respect to Sick Pay Benefits
83-1390.
Court of Appeals for the Sixth Circuit.
Jul 27, 1984.
740 F.2d 4
Published

740 F.2d 4

5 Employee Benefits Ca 1731

Jose M. ABELLA, Plaintiff-Appellant,
v.
W.A. FOOTE MEMORIAL HOSPITAL, INC., a Michigan non-profit
corporation, and John Doe, Administrator of W.A. Foote
Memorial Hospital, Inc.'s Employee Welfare Benefits Plan
with Respect to Sick Pay Benefits, Defendants-Appellees.

No. 83-1390.

United States Court of Appeals,
Sixth Circuit.

Argued June 6, 1984.
Decided July 27, 1984.

Phillip H. Berkemeier (argued), Jackson, Mich., for plaintiff-appellant.

Jerome A. Susskind, Richard N. LaFlamme (argued), Dykema, Gossett, Spencer, Goodnow, & Trigg, Jackson, Mich., for defendants-appellees.

Before MARTIN, Circuit Judge, CELEBREZZE, Senior Circuit Judge, and McRAE, Chief District Judge.[*]

PER CURIAM.

[*~4]1

Jose Abella appeals the dismissal of his ERISA claim against his former employer, the W.A. Foote Memorial Hospital. Abella v. W.A. Foote Memorial Hospital, Inc., 557 F.Supp. 482 (E.D.Mich.1983). Abella brought this action under 29 U.S.C. Secs. 1001-1381 seeking to compel the hospital to pay $596.59 for accumulated sick hours he had earned. Abella worked at the hospital from 1965 until his retirement in 1980. From 1965 through 1975, Abella accumulated 319.45 hours of sick leave. In 1975, the hospital was acquired by Foote; after the acquisition, the accumulated sick hours for all employees, including Abella, were frozen.

2

In 1978 the hospital and the employees' union entered into a contract that provided that all employees who held frozen sick leave benefits would have those benefits paid over ten years, receiving ten percent of the total each year. The contract also provided that retired employees would receive fifty percent of their accumulated sick leave benefits up to a total of twenty days. When Abella retired in 1980, he received ten percent of his accumulated sick leave for the year 1979, and fifty percent of the balance, in accordance with the union contract.

3

In the district court Abella claimed that the hospital owed him for the additional unpaid sick leave. The district court, 557 F.Supp. 482, found that accumulated sick leave did not constitute an "employee benefit plan" under 29 U.S.C. Sec. 1002. The court noted that 29 C.F.R. Sec. 2510.3-1 (1981) did not include

4

[p]ayment of an employee's normal compensation out of the employer's general assets, on account of periods of time during which the employee is physically or mentally unable to perform his or her duties, or is otherwise absent for medical reasons (such as pregnancy, a physical examination or psychiatric treatment)....

5

29 C.F.R. Sec. 2510.3-1(b)(2) (1981). Relying on this regulation, the court concluded that accumulated sick leave benefits are not within the statutory definition of an employee welfare plan under ERISA and, therefore, that it lacked jurisdiction to hear Abella's claim.

6

Here, although Abella concedes 29 C.F.R. Sec. 2510.3-1 excludes "payroll practices" from the definition of "employee welfare benefit plan," he nonetheless asserts that the benefits involved here do not concern "payroll practices." Instead, Abella contends the benefits in question are in reality terminal or severance benefits, which are covered as an "employee benefit plan" under 29 U.S.C. Sec. 1002. We disagree.

7

First, we find no fault in the factual findings or legal reasoning of the district court. Department of Labor regulations expressly declare that sick leave benefits are excluded from the definition of "employee welfare benefit plan." And as the district court noted, the administrative interpretation of a statute by those entrusted with its enforcement is entitled to great weight. Griggs v. Duke Power Co., 401 U.S. 424, 433-34, 91 S.Ct. 849, 854-55, 28 L.Ed.2d 158 (1971); Davis v. Devine, 736 F.2d 1108 at 1111-1112 (6th Cir.1984); National Steel Corp., Great Lakes v. Gorsuch, 700 F.2d 314, 321 (6th Cir.1983). Moreover, Abella has not advanced any reasoned legal argument which suggests the statute should be interpreted in a contrary fashion.

8

Second, we find no support in the record for Abella's claim that the benefits in issue here are in reality terminal or severance benefits. Abella has introduced no affidavits or any other evidence indicating that the benefits involved were not paid out of the hospital's general assets.

[*~5]9

Accordingly, the judgment of the district court is affirmed.

*

Honorable Robert M. McRae, Jr., Chief United States District Judge for the Western District of Tennessee, sitting by designation