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Tuesday, April 7, 2020

Hospital worker alleges Lincoln National ran afoul of ERISA

By Jenie Mallari-Torres | Mar 18, 2017

Insurance 11

SANFORD — A hospital worker is suing The Lincoln National Life Insurance Company, citing alleged violation of the Fair Labor Standards Act.

David K. Doty, who was an employee of Florida Hospital Medical Group, filed a complaint on Feb. 23 in the Seminole County Circuit Court against Lincoln National alleging that the plan administrator violated the Employee Retirement Income Security Act through non-payment of plan benefits.

According to the complaint, the plaintiff alleges that, on Nov. 18, 2016, he suffered substantial monetary losses from insurance benefits that were caused by defendant's sudden termination of plaintiff's short-term disability benefits, despite plaintiff remaining disabled under the terms of the policy. The plaintiff holds Lincoln National, which was both administrator and payor, responsible because it allegedly failed to further pay disability benefits to plaintiff and failed to discharge its duties in respect to claims processing in the interests of plaintiff.

The plaintiff requests a trial by jury and seeks judgment against defendant, including overdue payments and interest, attorney's fees and costs. He is represented by Gregory D. Swartwood of The Nation Law Firm LLP in Longwood.

Seminole County Circuit Court Case number 17-cv-00456

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18th Judicial Circuit Court of Florida - Seminole County