In response to Paragraph 32 of the Complaint, Defendant is without knowledge and

5. Plaintiff’s claim is barred, in whole or in part, because Matrix at all times acted in

good faith and in the interest of the STD Plan’s participants and beneficiaries.

6. Plaintiff is precluded from recovering anything under than the terms of the STD

Plan, ERISA and federal common law.

7. Denial of Plaintiff’s claims for STD benefits should be upheld because Matrix’s

decision was not arbitrary and capricious and/or an abuse of discretion.

8. If the Plaintiff is entitled to any STD benefits, any such payment must be reduced

and/or offset in accordance with the terms of the STD Plan.

9. If the Court determines that the decision to deny benefits alleged in the Complaint

was incorrect, Plaintiff’s claims for STD benefits available beyond the date of that decision must

be remanded to the STD Plan’s claim administrator for determination as to whether she

continues to meet the STD Plan requirements for ongoing benefits after that date.

10. Plaintiff has not shown any degree of success on the merits of this case, and, as

such, consideration of award of attorneys’ fees and costs is both premature and speculative.

11. Matrix reserves the right to assert additional affirmative defenses, cross claims

and counterclaims in the event that discovery reveals that any such defenses are appropriate.

12. Plaintiff’s Third Cause of Action is completely preempted by ERISA, and, as

such, should be dismissed.

WHEREFORE, Defendant, Matrix Absence Management, Inc., respectfully requests that

this Court enter judgment in its favor and against Plaintiff on her claims, award Defendant it’s

attorneys’ fees and costs to cover the defense of this litigation pursuant to 29 U.S.C. § 1132(g),

and grant Defendant such other and further relief as the Court deems just and proper.

MATRIX ABSENCE MANAGEMENT, INC.

/s/ Grant P. H. Shuman Grant P.H. Shuman (WV State Bar # 8856) Spilman Thomas & Battle, PLLC 300 Kanawha Boulevard, East (Zip 25301) PO Box 273 Charleston, WV 25321-0273 (304) 340-3800 (304) 340-3801 (facsimile) Email: gshuman@spilmanlaw.com

Larissa C. Dean (WV State Bar #10383) Spilman Thomas & Battle, PLLC 48 Donley Street, Suite 800 PO Box 615 Morgantown, WV 26508-0615 (304) 291-7924 (304) 291-7979 (facsimile) Email: ldean@spilmanlaw.com

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

AT CLARKSBURG

DEBORAH A. DOOLEY,

Plaintiff,

v. CIVIL ACTION No. 1:14-cv-2 (Judge Irene M. Keeley)

MATRIX ABSENCE MANAGEMENT, INC.

Defendant.

CERTIFICATE OF SERVICE

I, Grant P. H. Shuman, counsel for Matrix Absence Management, Inc., hereby certify that

on April 15, 2014, I electronically filed the foregoing Answer, Affirmative and Other Defenses

of Matrix Absence Management, Inc. with the Clerk of the Court using the CM/ECF system,

which will send notification of such filing to the following:

Erika Klie Kolenich (WV State Bar # 9880) Christina Joann Rumbach (WV State Bar # 10550) Klie Law Offices, PLLC 85 W. Main Street Buckhannon, WV 26201 ehklie@klielawoffices.com crumback@klielawoffices.com

/s/ Grant P. H. Shuman Grant P.H. Shuman (WV State Bar # 8856)