MIAMI – A former Lowe’s employee alleges his disability benefits were wrongfully terminated.
Darren Rushing filed a complaint on April 11 in the U.S. District Court for the Southern District of Florida against Life Insurance Co. of North America alleging that the claims administrator violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges he became disabled in August 2014, filed for and was paid short-term disability benefits through September 2014. He alleges on Oct. 9, 2014, the defendant terminated his claim for short-term disability benefits. The plaintiff holds Life Insurance Co. of North America responsible because the defendant allegedly refused to pay his benefits under the employee welfare benefit policies, failed to provide a prompt and reasonable explanation of the basis for the termination of his claim and failed to properly and adequately investigate the merits of his disability claim. He alleges he meets the disability requirements as defined by the plan.
The plaintiff requests a trial by jury and seeks a proclamation to immediately reinstate him to the short-term disability plan, payment of all costs and attorneys’ fees incurred, prejudgment and post-judgment interest and such other and further relief as the court may deem just and proper. He is represented by Alexander A. Palamara and Gregory Michael Dell of Attorneys Dell & Schaefer Chartered in Hollywood.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-21286