Jay Doroshow v. Hartford Life

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 08-2836
JAY DOROSHOW,
Appellant.
v.
HARTFORD LIFE AND ACCIDENT INSURANCE CO.
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 2-08-cv-00259)
District Judge: Honorable Robert F. Kelly
Argued on February 3, 2009
Before: RENDELL, JORDAN and ROTH, Circuit Judges.
(Opinion filed on July 30, 2009)
Scott I. Fegley, Esquire (Argued)
Suite 402 A
301 Oxford Valley Road
Makefield Executive Quarters
Yardley, PA 19067
Counsel for Appellant

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Brian P. Downey, Esquire (Argued)
Pepper Hamilton, LLP
One Keystone Plaza, Suite 200
North Front and Market Streets
P. O. Box 1181
Harrisburg, PA 17108-1181
Stacey I. Gregory, Esquire
Pepper Hamilton, LLP
18 & Arch Streetsth
3000 Two Logan Square
Philadelphia, PA 19103
Counsel for Appellee
ROTH, Circuit Judge:
ORDER AMENDING SLIP OPINION
IT IS ORDERED that the published Opinion in the above case, filed on
July 30, 2009, be amended as follows:
On page 5, delete the following paragraph:
Following this test, Doroshow visited Leo McCluskey, M. D.,
and ALS specialist, on July 27, 2005. Dr. McClusky wrote that "Doroshow
demonstrates evidence of a lower motor neuron process affecting his right
leg" and that "[h]e has no upper motor neuron signs." Accordingly, Dr.
McClusky felt that "[t]hese are features that do not support the diagnosis of
amyotropic lateral sclerosis or a progressive motor neuron disorder."
Doroshow was under Dr. McClusky's treatment for motor neuron disease
between April 1, 2000, and June 30, 2006. Dr. McClusky was ultimately
the doctor who diagnosed Doroshow with ALS on May 15, 2007.
and replace it with:
Following this test, Doroshow visited Leo McCluskey, M. D.,
and ALS specialist, on July 27, 2005. Dr. McCluskey wrote that
"Doroshow demonstrates evidence of a lower motor neuron process
affecting his right leg" and that "[h]e has no upper motor neuron signs."
Accordingly, Dr. McCluskey felt that "[t]hese are features that do not

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support the diagnosis of amyotropic lateral sclerosis or a progressive motor
neuron disorder." Doroshow was under Dr. McCluskey's treatment for
motor neuron disease between April 1, 2000, and June 30, 2006. Dr.
McCluskey was ultimately the doctor who diagnosed Doroshow with ALS
on May 15, 2007.
By the Court,
/s/ Jane R. Roth
Circuit Judge
Dated: July 30, 2009
smw/cc: Scott I. Fegley, Esq.
Brian P. Downey, Esq.
Stacey I. Gregory, Esq.

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