Simmons v. Reliance Standard Life Insurance

EMILIO M. GARZA, Circuit Judge:

We are asked to review the district court’s grant of summary judgment in favor of Jimmy E. Simmons against Reliance Standard Life Insurance Company. The district court found that Reliance Standard abused its discretion by declining to award permanent disability benefits to Simmons. We dismiss the appeal for lack of jurisdiction.

I

The underlying dispute arose in 1996, when Simmons’ employer CONDEA required all of its employees to undergo a functional capacity evaluation. CONDEA was aware that Simmons had a long history of back troubles. He had undergone back…