Morrill Jestings v. New England Tel. & Tel. Co., 757 F.2d 8 (1st Cir. 1985). · Go Syfert
Morrill Jestings v. New England Tel. & Tel. Co., 757 F.2d 8 (1st Cir. 1985). Cases Citing This Book View Copy Cite
50 citation events (16 in the last 25 years) across 17 distinct courts.
Strongest positive: Palczynsky v. Oil Patch Group, Inc. (nmd, 2023-07-31)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (rule) Palczynsky v. Oil Patch Group, Inc.
D.N.M. · 2023 · confidence medium
In considering what discipline to impose on an attorney, district courts have “an array of options,” Kouri-Perez, 757 F.2d at 8, and “flexibility to equitably tailor punishments that appropriately fit the conduct.” In re Smothers, 322 F.3d 438, 442 (6th Cir. 2003).
cited Cited as authority (rule) Bruce Leipzig v. Principal Life Insurance Co., et
5th Cir. · 2010 · confidence medium
Co., 757 F.2d 8, 10 (1st Cir. 1985) (Breyer, J.).
cited Cited as authority (rule) Bruce Leipzig v. Principal Life Insurance Co., et
5th Cir. · 2010 · confidence medium
Co., 757 F.2d 8, 10 (1st Cir.1985) (Breyer, J.).
examined Cited as authority (rule) Gross v. Federal Express Corp. Long Term Disability Plan (4×) also: Cited "see"
D. Mass. · 2010 · confidence medium
Jestings v. New England Tel. & Telegraph Co., 757 F.2d 8, 9 (1st Cir.1985).
cited Cited as authority (rule) McCormick v. Metropolitan Life Insurance
D. Mass. · 2007 · confidence medium
Co., 757 F.2d 8, 10 (1st Cir.1985) (“we cannot say that Prudential’s interpretation of the language is unreasonable in light of the plan’s apparent purposes”).
cited Cited as authority (rule) Tsoulas v. Liberty Life Assur. Co. of Boston
D. Me. · 2005 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985); Johnson v. Unum Life Ins.
cited Cited as authority (rule) Ayer v. Liberty Life Assur. Co. of Boston
D. Me. · 2005 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985); Johnson v. Unum Life Ins.
discussed Cited as authority (rule) Carol Ann Potter v. Liberty Life Assurance Co.
11th Cir. · 2005 · confidence medium
See, e.g., Duhon v. Texaco, Inc., 15 F.3d 1302, 1309 (5th Cir.1994) (plan administrator did not have to insure the availability of an alternative job); Jestings v. New England Telephone and Telegraph Co., 757 F.2d 8, 10 (1st Cir.1985) (plan looking solely to employee’s health, not job availability, was reasonable).
cited Cited as authority (rule) Tripp v. Hartford Life & Accident Insurance
D. Me. · 2004 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.l985)(it is for the trustee of a plan, and not courts, to choose between reasonable alternatives); Johnson v. UNUM Life Ins.
cited Cited as authority (rule) Belcher v. Hewlett-Packard Co.
D.N.H. · 1997 · confidence medium
Co . , 757 F.2d 8, 9 (1st Cir. 1985) (guotation marks and citations omitted).
cited Cited as authority (rule) Cooke v. Lynn Sand & Stone Co.
D. Mass. · 1994 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985).
discussed Cited as authority (rule) Ralph Block v. Pitney Bowes Inc. (2×)
D.C. Cir. · 1992 · confidence medium
No provision required Pitney Bowes, as a condition of terminating Block’s compensation, to “ensure the availability of an alternative job.” See Jestings v. New England Telephone & Telegraph Co., 757 F.2d 8, 11 (1st Cir.1985).
discussed Cited as authority (rule) McConnell v. Texaco, Inc.
D. Mass. · 1990 · confidence medium
Firestone Tire and Rubber Company v. Bruch, — U.S. -, 109 S.Ct. 948, 954-56 , 103 L.Ed.2d 80 (1989); Jestings v. New England Telephone and Telegraph Company, 757 F.2d 8, 9 (1st Cir.1985); Govoni v. Bricklayers, Masons and Plasterers International Union of America, Local No. 5 Pension Fund, 732 F.2d 250, 252 (1st Cir.1984); Palino v. Casey, 664 F.2d 854, 858 (1st Cir.1981); Rueda v. Seafarers International Union of North America, 576 F.2d 939, 942 (1st Cir.1978).
cited Cited as authority (rule) Block v. Pitney Bowes Inc.
D.D.C. · 1989 · confidence medium
Jestings v. New England Telephone & Telgraph Co., 757 F.2d 8, 11 (1st Cir.1985).
discussed Cited as authority (rule) Francis J. Sampson, Jr. v. The Mutual Benefit Life Insurance Company
1st Cir. · 1988 · confidence medium
See, e.g., Bachelder v. Communications Satellite Corp., 837 F.2d 519, 521 (1st Cir.1988); Jestings v. New England Telephone & Telegraph Co., 757 F.2d 8, 9 (1st Cir.1985); Palino v. Casey, 664 F.2d 854, 858 (1st Cir.1981).
cited Cited as authority (rule) Heci Exploration Co., Inc. v. Holloway
5th Cir. · 1988 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985); Miles v. New York State Teamsters Conference Pension, Etc.
cited Cited as authority (rule) HECI Exploration Co., Employees' Profit Sharing Plan v. Holloway
5th Cir. · 1988 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985); Miles v. New York State Teamsters Conference Pension, Etc.
discussed Cited as authority (rule) Robert T. Bouchard v. Crystal Coin Shop, Inc., Etc.
1st Cir. · 1988 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985) (quoting Miles v. New York State Teamsters Conference Pension and Retirement Fund Employee Benefit Plan, 698 F.2d 593, 601 (2d Cir.), cert. denied, 464 U.S. 829 , 104 S.Ct. 105 , 78 L.Ed.2d 108 (1983)); see Bachelder v. Communications Satellite Corp., at 521.
cited Cited as authority (rule) Chester Degeare v. Alpha Portland Industries, Inc., and the Equitable Life Assurance Society of the United States
8th Cir. · 1988 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985); LeFebre v. Westinghouse Elec.
cited Cited as authority (rule) Brandon v. Metropolitan Life Ins. Co.
E.D. Mich. · 1988 · confidence medium
Co., 757 F.2d 8, 10-11 (1st Cir.1985), quoting Ponce v. Construction Laborers Pension Trust, 628 F.2d 537, 542 (9th Cir. 1980).
discussed Cited as authority (rule) Gambino v. Index Sales Corp.
N.D. Ill. · 1987 · confidence medium
Gambino’s Supplemental Affidavit specifically confirms Trustees’ consistent interpretation of their own rule in accordance with their present argument. 15 Uniform case law confirms that such interpretations must be sustained by the courts as long as they are not purely arbitrary and capricious and may thus be viewed as reasonable — as Trustees’ reading surely is (see, e.g., such typical cases as Brown v. Retirement Committee of the Briggs & Stratton Retirement Plan, 797 F.2d 521, 525-26, 529-30 (7th Cir. 1986), Harm v. Bay Area Pipe Trades Pension Plan Trust Fund, 701 F.2d 1301, 1304 (…
examined Cited as authority (rule) Adam v. Joy Manufacturing Co. (3×) also: Cited "see"
D.N.H. · 1987 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985).
discussed Cited as authority (rule) Cooke v. Lynn Sand & Stone Co.
D. Mass. · 1986 · confidence medium
Co., 757 F.2d 8, 9 (1st Cir.1985); Govoni v. Bricklayers, Masons & Plasterers Int’l Union, Local No. 5 Pension Fund, 732 F.2d 250, 252 (1st Cir.1984); Miles v. New York State Teamsters Conference Pension and Retirement Fund, Etc., 698 F.2d 593, 599 (2d Cir.), cert. denied, 464 U.S. 829 , 104 S.Ct. 105 , 78 L.Ed. 2d 108 (1983) (“lawful, discretionary acts of pension committee should not be disturbed, absent a showing of bad faith or arbitrariness”); Rueda v. Seafarers Int’l Union of North America, 576 F.2d 939, 942 (1st Cir.1978).
cited Cited as authority (rule) Tinsley v. General Motors Corp.
N.D. Ind. · 1985 · confidence medium
Jestings v. New England Telephone & Telegraph Co., 757 F.2d 8, 9 (1st Cir.1985); Jung v. FMC Corp., 755 F.2d at 712 ; Gaines v. Amalgamated Ins.
cited Cited "see" Coleman v. Metropolitan Life Insurance
D.R.I. · 1996 · signal: see · confidence high
See Jestings v. New England Telephone and Telegraph Co., 757 F.2d 8, 9 (1st Cir.1985).
cited Cited "see" Guarino v. Metropolitan Life Insurance
D. Mass. · 1995 · signal: see · confidence high
See Jestings v. New England Telephone and Telegraph Co., 757 F.2d 8, 9 (1st Cir.1985) (reiterating that it is for the trustee of a plan, and not judges, to choose between reasonable alternatives).
discussed Cited "see" Jenkinson v. Chevron Corp.
N.D. Cal. · 1986 · signal: see · confidence high
See Jestings v. New England Telephone & Telegraph Co., 757 F.2d 8, 10 (1st Cir.1985) (district court erred in holding that plan required not just that there be a job at which plaintiff was capable of working but that such a job also be available).
cited Cited "see, e.g." Celestine Pierre and the Estate of James Nolan Pierre, Jr. v. Connecticut General Life Insurance Company/life Insurance Company of North America
5th Cir. · 1991 · signal: see, e.g. · confidence medium
See, e.g., Jestings v. New England Telephone & Telegraph Co., 757 F.2d 8, 10-11 (1st Cir.1985); Morse v. Stanley, 732 F.2d 1139, 1145 (2d Cir.1984); Shiffler v. Equitable Life Assur.
discussed Cited "see, e.g." Donald Bachelder v. Communications Satellite Corporation (2×)
1st Cir. · 1988 · signal: see, e.g. · confidence low
See, e.g., Jestings, supra, 757 F.2d at 10 ; Govoni v. Brick Layers, Masons & Plasters Int’l Union of America, Local No. 5 Pension Fund, 573 F.Supp. 82, 87 (D.Mass. 1983), aff'd, 732 F.2d 250 (1st Cir.1984); see generally Stewart v. Nat’l Shopmen Pension Fund, 795 F.2d 1079 (D.C.Cir.1986) (fund trustees can take no action which is arbitrary and capricious in light of all the circumstances involved).
Retrieving the full opinion text from the archive…
Morrill JESTINGS, Plaintiff, Appellee,
v.
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, Et Al., Defendants, Appellants
84-1509.
Court of Appeals for the First Circuit.
Mar 21, 1985.
757 F.2d 8
S. Mason Pratt, Jr., Portland, Maine, with whom Jeffrey D. Curtis and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Maine, were on brief, for New England Tel. and Tel. Co. and Prudential Ins. Co. of America., Eugene C. Coughlin, Bangor, Maine, with whom Clark P. Thompson and Vafiades, Brountas & Kominsky, Bangor, Maine, were on brief, for plaintiff, appellee.
Breyer, Campbell, Weigel.
Cited by 33 opinions  |  Published
BREYER, Circuit Judge.

Morrill Jestings, the appellee, worked for New England Telephone & Telegraph Company (“NET”). He developed a heart prob-. lem, and in May 1980 he applied for long[*9] term disability benefits. Prudential Insurance Company, which administers NET’s Long-Term Disability Benefits Plan (“the plan”), denied Jestings benefits because it believed he was physically capable of working, if not at his present job, at least at other jobs. Jestings sued NET and Prudential claiming that Prudential acted arbitrarily in denying him benefits in violation of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. See Palino v. Casey, 664 F.2d 854, 858 (1st Cir.1981) (arbitrary action forbidden under ERISA). The district court interpreted the language of the benefit plan to require the payment of benefits unless there was another job paying at least half Jestings’ present wage “available” to Jestings. The court-held that Prudential had acted arbitrarily in failing to adequately examine whether or not NET had offered Jestings such a job (the matter was controverted) and the court ordered Prudential to pay Jestings benefits. We agree with the appellants, NET and Prudential, that the plan does not impose a “job availability” requirement, and we reverse the district court.

The relevant language in the plan reads as follows:

“Disability” during the period subsequent to the Waiting Period shall mean sickness or injury, other than accidental injury arising out of and in the course of employment by the Company, which prevents the employee from engaging in any occupation or employment, for which the employee is qualified, or may reasonably become qualified, based on training, education or experience. An employee shall continue to be considered disabled if deemed to be incapable of performing the requirements of a job other than one whose rate of pay is less than 50% of the employee’s Base Pay at the time the disability commenced. However, the benefits payable in Section D shall not, when added to the amount of wages of such job, exceed 75% of Base Pay.

Prudential argues that this language allows it to deny benefits to one physically capable of working at a comparably-paying job (i.e., a job paying at least 50 percent of the prior wage) even if • no such job is actually made available to the employee. We are legally bound to accept Prudential’s argument.

The law in this circuit, as in other circuits, is that

“[wjhere both the trustees of a pension fund and a rejected applicant offer rational, though conflicting, interpretations of plan provisions, the trustees’ interpretation must be allowed to control.” Miles v. New York State Teamsters Conference Pension and Retirement Fund Employee Benefit Plan, 698 F.2d 593, 601 (2d Cir.), cert. denied [ — ] U.S. [-], 104 S.Ct. 105, 78 L.Ed.2d 108 (1983); see also Ponce v. Construction Laborers Pension Trust for Southern California, 628 F.2d [537] at 542 [(9th Cir.1980)] (“It is for the trustees, not judges, to choose between various reasonable alternatives.”); cf. Palino v. Casey, 664 F.2d 854, 858 (1st Cir.1981) (“In judging the actions taken by trustees in the course of managing an employment benefit plan, our inquiry is limited to determining whether the actions were arbitrary and capricious in light of the trustees’ responsibility to all potential beneficiaries.”); Rueda v. Seafarers International Union of North America, 576 F.2d 939, 942 (1st Cir.1978) (“Unless the trustees’ interpretation of the plan is arbitrary and capricious, or without rational basis, it may not be disregarded.”).

Govoni v. Bricklayers, Masons and Plasterers International Union, Local No. 5 Pension Fund, 732 F.2d 250, 252 (1st Cir. 1984).

In this case, the language of the plan will bear the interpretation that Prudential places upon it. The first sentence speaks of a “sickness or injury” that “prevents the employee from engaging in any occupation ... for which the employee is qualified____” One could reasonably say that “lack of a vacancy,” not sickness, prevents an employee from working when the employee is physically able to work, but no[*10] job is available. The second sentence adds that the employee is “disabled if deemed to be incapable of performing” comparably-paid jobs (defined as those paying at least 50 percent of the prior wage). This sentence says nothing of job availability, and the word “incapable” normally refers to an ability or capacity, not an opportunity.

Moreover, we cannot say that Prudential’s interpretation of the language is unreasonable in light of the plan’s apparent purposes. The Preamble to the plan says that its objective is to protect the employee “during periods of extended disability,” arguably suggesting that it focuses exclusively upon the employee’s physical condition. Disability insurance plans that look solely to the employee’s health and not to job availability are by no means unusual. The best known of such plans is the federal Social Security program, which provides for compensation only when a beneficiary is too disabled to hold any job existing anywhere in the country, whether or not such a job is actually available to the beneficiary, 42 U.S.C. § 423(d)(2)(A). See Lopez Lopez v. Secretary of Health, Education and Welfare, 512 F.2d 1155, 1157 (1st Cir. 1975) (“It is not necessary that the Secretary demonstrate that a particular claimant would actually be hired, or even that there is a realistic chance of his being so.”) See generally Liebman, The Definition of Disability in Social Security and Supplemental Security Income: Drawing the Bounds of Social Welfare Estates, 89 Harv.L.Rev. 833 (1976). We are not aware of any language in ERISA that forbids employers or employees from buying insurance of this type. Cf. LeFebre v. Westinghouse Electric Corp., 549 F.Supp. 1021, 1024 (D.Md.1982) (discussing hypothetical restrictive plan requiring proof that employee cannot engage in any work for which he is trained, regardless of pay), rev’d on other grounds, 747 F.2d 197 (4th Cir.1984). One cannot, then, say that Prudential is unreasonable in reading the plan’s language as creating this type of pure disability insurance. Nor is there any indication that Prudential has interpreted the words “incapable of performing ... a job” in a far-fetched manner, by, say, arguing that Jestings is disqualified because he could perform a job existing, for example, only in Hawaii. Moreover, unlike the district court, we do not read Bickel v. Long Term Disability Plan of Western Electric, 541 F.Supp. 685 (E.D.Pa.1982) as supporting Jestings’ claim. Jestings correctly notes that the Bickel court required that a comparably-paying job be available before benefits could be denied. But the carrier and apparently the plan language in Bickel were different from those here. In Bickel, the carrier itself evidently said that the plan required the job to be available.

Finally, Jestings suggests that Prudential has, in effect, created a new interpretation of the plan for this litigation — that its “true” interpretation includes an “availability” requirement. This argument, however, was not made below and its support arises only out of the fact that a Prudential employee, Elaine Van Lieu, had made some effort to assure herself that Jestings had in fact been offered a job before declaring him ineligible. Such an effort, however, is also fully consistent with a desire for assurance that Jestings was not medically disabled — or with a personal desire or hope for a “happy ending” to Jestings’ story. We cannot accept Jestings’ argument that Van Lieu’s effort showed both a more generous official eligibility standard of “job availability” and a simultaneous failure to live up to that standard. (Indeed, Van Lieu specifically testified that “we are not an employment agency,” strongly suggesting the absence of a “job availability” requirement.) In any event, as between any ambiguous actions of an employee and the plain assertions of Prudential — through its agents and counsel — in litigation, the latter represent the more authoritative position of the carrier. Jestings was, of course, free to call witnesses, including plan, union, or employer officials in an effort to establish that the actual meaning of the language was other than what Prudential’s counsel asserted. We write here simply on the basis of the record as we find it.

In sum, since it is up to the plan’s administrators, not the courts, to “choose be[*11] tween various reasonable alternatives,” Ponce v. Construction Laborers Pension Trust for Southern California, 628 F.2d 537, 542 (9th Cir.1980), we must accept Prudential’s interpretation of the plan’s requirements; we cannot impose a requirement upon the carrier that, as a condition of denying compensation, the employer must ensure the availability of an alternative job.

Once we accept Prudential’s interpretation, Jestings’ claim dissolves, for Prudential had considerable evidence that Jestings was able to perform a comparably-paying job. For one thing, Jestings’ initial medical report says that he can perform “medium manual activity” and that he is not “totally disabled in his job or for any other work”; and Jestings’ doctor told Prudential that he could perform light work that did not require heavy physical exertion, such as lifting or climbing telephone poles. For another thing, it is undisputed that Prudential knew that Jestings could perform various other jobs at NET that paid at least 50 percent of Jestings’ prior pay, although there is disagreement about whether NET actually offered such a job to Jestings.

For these reasons, the judgment of the district court is

Reversed.