JACKSONVILLE – A former Ed Frasier Memorial Hospital alleges he was wrongfully terminated after he had scheduled knee surgery.
Kim Marx filed a complaint on April 18 in the U.S. District Court for the Middle District of Florida, Jacksonville Division against Baker County Medical Services Inc., doing business as Ed Frasier Memorial Hospital, and Dennis Markos alleging that they violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that between May 2008 and April 19, 2013, he worked for the defendants as director of cardio-pulmonary and sleep department and was a participant in defendants' self-insured health care insurance. The suit states he was eligible for knee surgery and was terminated before his scheduled operation. The plaintiff holds Baker County Medical Services Inc. and Markos responsible because the defendants allegedly deprived him of benefits under the employee welfare benefits plan, retaliated against him for attempting to use his benefits under the health insurance benefit plan and terminated him immediately before he was eligible for knee surgery.
The plaintiff requests a trial by jury and seeks compensation for damages, back pay, reinstatement, interest, attorneys' fees and costs, prejudgment interest and any other relief that he may be entitled. He is represented by Archibald J. Thomas III and Samuel B. Kanupp of Archibald J. Thomas III PA in Jacksonville.
U.S. District Court for the Middle District of Florida, Jacksonville Division Case number 3:16-cv-00462