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JEBIAN v. HEWLETT PACKARD CO.

No. 00-56988.

310 F.3d 1173 (2002)

Donald JEBIAN, Plaintiff-Appellant, v. HEWLETT-PACKARD COMPANY Employee Benefits Organization Income Protection Plan; ERISA Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2002.

Attorney(s) appearing for the Case

Charles J. Fleishman, Beverly Hills, CA, for the appellant.

Joseph P. Busch, III, Gibson, Dunn & Crutcher, Los Angeles, CA, for the appellee.

Before PREGERSON, TASHIMA and BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge.

Background

Donald Jebian, now 63, worked as a software engineer for Hewlett-Packard continuously from 1983 to May 1995. In 1990 he began to suffer from a series of orthopedic impairments that caused him pain and made it difficult for him to move normally.

Jebian first developed bilateral shoulder pain. It turned out that he had a massive rotator cuff defect in his...

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