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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * * * Plaintiff, * * v. * Civil No. JFM 00-1018 * METROPOLITAN LIFE INSURANCE, * COMPANY, et al., * * Defendants. * * ***** MEMORANDUM CAROL A. ADAMSON, Now pending before the court is the Defendants' Motion for Summary Judgment. Carol A. Adamson ("Adamson") works for Raytheon Company ("Raytheon") as a principal software engineer. Adamson has had medical problems dating to the mid-1990's involving pain in her right hand, right arm, right shoulder, neck and back. She has undergone operations for carpal tunnel syndrome and shoulder problems. During the relevant time period, Raytheon provided disability plans for its employees. Beginning in March 1997, Adamson received benefits under Raytheon's short-term disability plan, which was administered and insured by Metropolitan Life Insurance Company ("MetLife"). After receiving benefits under this plan, she went on long-term disability in June 1997. At the time, Adamson was under the care of Dr. William Tham, a physical medicine specialist. Dr. Tham referred Adamson to Dr. Thomas Dennis, an orthopedic physician, in the summer of 1997. On October 30, 1997, Dr. Dennis operated on Adamson's shoulder and, on December 11, 1997, cleared Adamson for work. On the basis of Dr. Dennis' opinion, MetLife terminated Adamson's long-term disability benefits on 1

December 22, 1997 (retroactive to December 11th). Adamson requested a review of the determination and sent MetLife a letter explaining that her shoulder surgery had not resolved her back and arm pain, for which Dr. Tham had been treating her. MetLife also received a note from Dr. Tham, who stated that he had seen Adamson on January 5th and January 16, 1998. He concluded that Adamson's problems with fibromyaglia and myofascial pain in her arm and neck still disabled her from working. MetLife upheld its original determination on appeal. After further requests for review, it commissioned an independent medical review by Network Medical Review Company ("NMR"); the NMR physician concluded that Adamson was not disabled from working. On August 14, 1998, Adamson sought benefits under Raytheon's short-term disability plan; MetLife administered the claim but did not insure the plan. MetLife believed Adamson's requested disability period ran from July 29th to August 13th. MetLife denied benefits under this plan, stating that Adamson had not submitted adequate evidence that she was disabled during this time period. On February 2, 1999, Adamson filed for benefits under a different Raytheon short-term disability plan, which MetLife administered and insured. Adamson submitted medical records from Dr. Tham, Dr. Angela Calle (her family physician), and Dr. Sassan Hassassian (a pain management specialist at the University of Maryland). MetLife denied her claim because it did not contain sufficient objective evidence of disability. MetLife subsequently upheld its determination. During the process, it commissioned independent medical reviews from NMR. Two NMR physicians concluded that there was a lack of evidence from which to conclude that Adamson was disabled from her position. 2

Adamson brings suit to recover the benefits that MetLife denied her. She states seven claims under state law and one under section 1132(a)(1)(B) of the Earned Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C.

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Maryland Law