Puzonia v. Essilor of America

*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not be published and is not precedent except under the limited circumstances set forth in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
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No. 00-40253
Summary Calendar
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RAIMUND PUZONIA,
Plaintiff-Appellant,
versus
ESSILOR OF AMERICA,
Defendant-Appellee.
_______________________________________________________
Appeal from the United States District Court for
the Eastern District of Texas
(USDC No. 4:99-CV-164)
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September 28, 2000
Before REAVLEY, JOLLY and JONES, Circuit Judges.
PER CURIAM:*

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Appellant Raimund Puzonia agues that the replacement of his penile
prosthesis was a medical necessity and therefore covered under the Essilor of
America, Inc. medical plan. We agree with the district court that the record shows
that the costs of replacement were “charges in connection with the treatment of
sexual dysfunction” and were therefore excluded from coverage.
AFFIRMED.

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