CA1: ERISA claim never really got started

Lugo-Velazquez v. Stiefel Laboratories, No. 07-2138.  This is a strange ERISA case.  The plaintiff argued that he didn’t need to present evidence to survived summary judgment that he was actually eligible for disability benefits because he never received the plan documents.  The First says that he didn’t even apply for the states-sponsored short-term disability benefits, nor did he make any effort to obtain plan documents.  As well, a claim that the benefits were provided to employees in a discriminatory manner (because Puerto Ricans are treated differently for tax purposes) fails, he failed to show why the explanation given by the employee was a pretext.