Herring v. The Canada Life Assurance Company, 207 F.3d 1026 (8^th Cir. 2000)-This court affirmed summary judgment in favor of Herring.  Herring claimed long-term disability benefits.  The court determined that Canada Life failed to provide any arguments sufficient to generate a  genuine dispute of material fact on Herring's claim.  Dr. Duckworth diagnosed  Herring with fibrositis and arteriosclerotic heart disease (ASHD), as well as mild depression.  Canada Life argued that Dr. Duckworth, a family practitioner, was not operating within the scope of his license in diagnosing and treating mental conditions like anxiety, stress, and tension.  Canada Life believed these three were the true causes of Herring's alleged disability.

            Canada Life also argued that Dr. Duckworth could not have validly concluded that Herring was "unable to perform the substantial and material duties of his own occupation," when in a deposition, the doctor misstated Herring's occupation.  The court admitted this potentially raised a fact question.  It determined that it did not, since in a subsequent affidavit, the doctor explained the reason for his mistake.  Dr. Duckworth confused Herring's occupation with the occupation of Herring's son, whom he also treats.  This court noted that Dr. Duckworth found Herring unable to perform any job involving stress.  The court concluded that Canada Life failed to raise any genuine fact issue concerning the substance of the doctor's reports.