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McMAHON v. DIGITAL EQUIPMENT CORP.

No. 98-1459.

162 F.3d 28 (1998)

Carolyn E. McMAHON, Plaintiff, Appellant, v. DIGITAL EQUIPMENT CORPORATION, Core, Inc., and Plan Administrator of Digital Equipment Corporation Accident and Sickness Plan, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 4, 1998.

Attorney(s) appearing for the Case

Marie Cheung-Truslow with whom Lecomte, Emanuelson, Motejunas & Doyle was on brief, for appellant.

David C. Casey with whom Laurie F. Rubin and Peckham, Lobel, Casey, Prince & Tye were on brief, for appellees Digital Equipment Corporation and Plan Administrator of Digital Equipment Corporation Accident and Sickness Plan.

Brian C. Duffey with whom Mark E. Cohen and McCormack & Epstein were on brief, for appellee Core, Inc.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Carolyn McMahon, a five-year employee of the Digital Equipment Corporation ("Digital"), accepted a new job with Digital in a town one hundred miles from her home. After McMahon's back condition worsened as a result of her new, more demanding commute, Digital declined to offer relocation benefits, but did place McMahon on short-term disability leave for several months. Once it determined that McMahon was no longer disabled under the terms of its...

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