Krisher v. Xerox Corporation, et al

*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opinion should not be published and is not precedent except under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
For the Fifth Circuit
No. 99-11000
Summary Calendar
LISA L. KRISHER,
Plaintiff-Appellant,
VERSUS
XEROX CORP., ET AL,
Defendants,
XEROX CORP.; XEROX MEDICAL CARE & LONG TERM
DISABILITY PLAN, LTD. - The Travelers Company;
HARTFORD LIFE & ACCIDENT INSURANCE COMPANY;
HEALTH INTERNATIONAL,
Defendants-Appellees.
Appeal from the United States District Court
For the Northern District of Texas
(3:98-CV-120-AH-R)
June 1, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Lisa Krisher ("Krisher") injured her back in July 1995 while

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she was an employee of Xerox Corp. ("Xerox"). She received short
term disability benefits for five months and then long term
disability benefits until March 21, 1997, pursuant to ERISA plans
provided by Xerox. Health International ("HI") was and is the case
manager under the long term disability plan. The long term
disability plan grants discretion to the medical case manager to
determine medical eligibility for long term disability benefits.
In March 1997, HI determined that Krisher was no longer qualified
to receive long term disability benefits. Krisher exhausted her
administrative appeals for such disability benefits and in June
1997 filed this lawsuit. By written consent of the parties the
case was submitted to the magistrate judge for final disposition.
The various defendants moved for summary judgment at various times
which were granted. Finally, in September 1999, the district court
entered a Final Judgment dismissing all of the plaintiff’s claims
with prejudice. Krisher filed her appeal to this Court.
We have carefully reviewed the briefs, the reply brief, the
record excerpts, and relevant portions of the record. For the
reasons stated by the magistrate judge in his Order entered under
date of August 19, 1999, we AFFIRM the Final Judgment entered by
the magistrate judge on September 8, 1999.
AFFIRMED.

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