In plaintiff's ERISA suit against the defendant alleging that it used an arbitrary and capricious procedure in terminating his short-term disability benefits and refusing to grant him long-term disability benefits, entry of summary judgment in favor of defendant is affirmed where: 1) defendant did not abuse its discretion in denying plaintiff's claim for short-term disability benefits; 2) district court did not err in dismissing plaintiff's claim for long-term disability benefits as he had not exhausted his administrative remedies; 3) plaintiff's claim that defendant is liable for sanctions is rejected; and 4) district court did not err in not awarding plaintiff attorney's fees as he does not prevail on any of his substantive claims.
Appeal from the United States District Court for the District of Puerto Rico
Decided November 23, 2009
Opinion by Howard, Circuit Judge
For Appellant: Sonia B. Alfaro de la Vega with whom Alfaro Alfaro & Acevedo-Carlson
For Appellee: Frank Gotay-Barquet with whom Gotay & Pérez, P.S.C.