Argued: May 8, 2019
Appeal
from the United States District Court for the Southern
District of Ohio at Columbus. No. 2:16-cv-00789-Edmund A.
Sargus, Jr., District Judge.
ARGUED:
Eric
P. Mathisen, OGLETREE DEAKINS, NASH, SMOAK & STEWART,
PLLC, Valparaiso, Indiana, for Appellant.
Sonia
T. Walker, CALIG LAW FIRM, LLC, Columbus, Ohio, for
Appellees.
ON
BRIEF:
Eric
P. Mathisen, OGLETREE DEAKINS, NASH, SMOAK & STEWART,
PLLC, Valparaiso, Indiana, for Appellant.
Sonia
T. Walker, CALIG LAW FIRM, LLC, Columbus, Ohio, for
Appellees.
Before: BOGGS, BATCHELDER, and BUSH, Circuit Judges.
OPINION
BOGGS,
CIRCUIT JUDGE.
Defendant
Steak N Shake ("SNS") appeals a grant of summary
judgment in favor of Plaintiffs Rebecca and William
Morehouse. The Morehouses sued to recover damages stemming
from SNS's failure to send them a notification under the
Consolidated Omnibus Budget Reconciliation Act of 1985
("COBRA") after SNS put Mrs. Morehouse on
workers' compensation and allowed her to take a leave of
absence. The district court agreed that SNS had not fulfilled
this obligation and consequently awarded damages to the
Morehouses. However, we now reverse because the terms and
conditions of Mrs. Morehouse's insurance coverage did not
change upon her taking a leave of absence and therefore no
"qualifying event" occurred that would have
obligated SNS to send her a COBRA notification.
I
Mrs.
Morehouse began working for SNS as an Assistant Manager in
October 2011. After her husband lost his job and insurance
coverage following his hospitalization, Mrs. Morehouse
enrolled both herself and her husband in SNS's
health-benefits coverage with coverage beginning on September
1, 2012 ("the Plan").
The
Plan's terms are set forth in benefit booklets issued
each September 1 for the following year. The Plan states:
You have coverage provided under the Plan because of your
employment with . . . the Employer. You must satisfy certain
requirements to participate in the Employer's benefit
plan. These requirements may include . . . Actively At Work
standards as determined by the Employer or state and/or
federal law and approved by the Administrator, on behalf of
the Employer.
To be
eligible to enroll as a Subscriber, an individual must:
• Be either: An employee, Member, or retiree of the
...