Equitable Life Assurance Society v. Schwartz

MEMORANDUM *

Dr. Schwartz challenges the district court’s factual findings that: (1) surgery as not a substantial and material duty of his regular occupation at the time of his disability in 1993; (2) he is currently capable of performing knee arthroscopies at the rate of 1-2 per week; and (3) he was not under the regular care and attendance of a doctor during the time when he was receiving benefits. These factual findings are not clearly erroneous because “the district court’s findings are plausible in light of the record viewed in its entirety.” Husain v. Olympic Airways, 316 F.3d 829, 835…