Friloux v. UNUM Life Insurance

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 28, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30796
DANNY M. FRILOUX,
Plaintiff-Appellant,
versus
UNUM LIFE INSURANCE COMPANY OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Louisiana
(01-CV-2041)
Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Friloux challenges the termination of his long-term disability
benefits after he received the benefits for several months during
2000, claiming: (1) the district court failed to give enough
weight to the Social Security Administration’s finding of
disability; (2) the district court erred in applying the “national
economy” employment standard; and (3) the evidence in the record

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demonstrates that UNUM abused its discretion by discontinuing the
benefits.
Friloux conceded at oral argument that the plan provides that
the “national economy” standard shall be used. In any event,
having heard oral argument, having reviewed the briefs and
pertinent parts of the record, and essentially for the reasons
stated by the district court, the discontinuance of benefits is
AFFIRMED.

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