ORTEGA CANDELARIA v. ORTHOBIOLOGICS LLC

No. 09-2305.

661 F.3d 675 (2011)

Rolando ORTEGA CANDELARIA, Plaintiff-Appellant, v. ORTHOBIOLOGICS LLC, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided October 25, 2011.


Attorney(s) appearing for the Case

Pedro J. Landrau-López , for appellant.

Lourdes C. Hernández-Venegas , with whom Schuster Aguiló LLP was on brief, for appellees.

Before LIPEZ, LEVAL, and THOMPSON, Circuit Judges.


THOMPSON, Circuit Judge.

Rolando Ortega Candelaria suffered a disability while employed by Orthobiologics, LLC, a Puerto Rico-based subsidiary of Johnson & Johnson, Inc. He sought payment of benefits under the company's long term disability plan and was denied. Three years later Ortega filed suit to enforce the benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA). The district court found the suit untimely and granted summary judgment...

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