Joseph Myers v. Iron Workers District Counsel of Southern Ohio & Vicinity Pension Trust

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 07a0142n.06
Filed: February 21, 2007
No. 05-4632
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JOSEPH MYERS,
Plaintiff-Appellant,
v.
IRON WORKERS DISTRICT COUNSEL OF
SOUTHERN OHIO & VICINITY PENSION
TRUST,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE SOUTHERN
DISTRICT OF OHIO
O P I N I O N
BEFORE: MARTIN, COLE, and GILMAN, Circuit Judges.
PER CURIAM. Plaintiff Joseph Myers appeals from a district court order granting
judgment on the administrative record to Defendant Iron Workers District Council of Southern Ohio
& Vicinity Pension Trust (the Trust) in an action for payment of disability benefits brought under
29 U.S.C. § 1132(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§
1001-1461. After a de novo review of the administrative record, the district court concluded that
Myers’s ailments did not amount to a “total and permanent disability” from ironworking as defined
by the Trust and, therefore, the Trust did not wrongfully deny Myers a disability pension. Myers
appeals, claiming that the administrative record supports a finding that he is totally and permanently
disabled within the Trust’s definition. As a result, says Myers, he is entitled to a disability pension.

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No. 05-4632
Myers v. Iron Workers Dist
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Having reviewed the district court opinion de novo, Glenn v. MetLife, 461 F.3d 660, 665 (6th
Cir. 2006) , and upon careful review of the record and the parties’ submissions, we conclude that the
issuance of a more detailed opinion by this Court would be duplicative and serve no useful purpose.
Accordingly, for substantially the same reasons set forth in the district court’s comprehensive and
well-reasoned opinion, Myers v. Iron Workers Dist. Council of S. Ohio & Vicinity Pension Trust, No.
2:04-CV-966, 2005 WL 2979472 (S.D. Ohio Nov. 7, 2005), we AFFIRM the district court order
granting judgment on the administrative record to the Trust.

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