Garafola v. Paul Revere Life Ins

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion
should not be published and is not precedent except under the limited circumstances
set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30613
Summary Calendar
JOHN GARAFOLA,
Plaintiff-Appellant,
versus
PAUL REVERE LIFE INSURANCE COMPANY,
Defendant-Appellee.
Appeal from the United States District Court for
the Middle District of Louisiana
(USDC No. 98-CV-125)
_______________________________________________________
December 14, 2001
Before REAVLEY, DAVIS and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Plaintiff-appellant John Garafola appeals the district court’s judgment that he
is not entitled to long-term disability benefits. As noted below, Garafola had ceased
to work for his employer before he sought treatment for attention

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deficit/hyperactivity disorder. The termination date listed on Garafola’s claim form
and correspondence from his attorney bear this out. Although Garafola points to
payroll records that indicate he was employed after he sought treatment, these
documents are not in the record. Moreover, the benefit summary states that
insurance automatically terminates if the employee “ceases full-time work.” Even if
it is accepted as true that Garafola consulted with his successor after he was
formally terminated, he indisputably ceased full-time work before he was treated for
attention deficit/hyperactivity disorder.
AFFIRMED.

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