TAMPA – A Pasco County man alleges he was terminated from receiving long-term disability benefits despite still being disabled.
Daniel Talavera filed a complaint on July 15 in the Tampa Division for the Middle District of Florida against Life Insurance Co. of North America alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that on July 14, 2012, he became disabled due to a car accident and was initially being paid disability benefits by the defendant until benefits were denied on Aug. 11, 2015. The plaintiff holds Life Insurance Co. of North America responsible because the defendant allegedly denied further payment of disability benefits to plaintiff despite him still being disabled according to the terms of the plan.
The plaintiff seeks declaration of his rights to disability benefits from Jan. 12, 2015, and continuing under the plan, all legal fees and any other relief as the court deems just. He is represented by Nancy L. Cavey of Law Offices of Nancy L. Cavey in St. Petersburg.
U.S. District Court for the Middle District of Florida Case number 8:16-cv-02040-JDW-TGW