SAN FRANCISCO – A former employee of St. Mary's Hospital and Medical Center alleges that he has been underpaid in disability benefits for almost two decades.
Buz Nay Axline filed a complaint on April 19 in the U.S. District Court for the Northern District of California against Unum Life Insurance Co. of America and Catholic Healthcare West (CHW) Long-Term Disability Benefit Plan, citing violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that in January 1995, he was unable to work due to AIDS and was underpaid for his long-term disability benefits. The plaintiff holds Unum Life Insurance Co. of America and Catholic Healthcare West Long-Term Disability Benefit Plan responsible because the defendants allegedly miscalculated plaintiff's benefits and refused to pay plaintiff's disability plan since 2014.
The plaintiff seeks payment of benefits of $22.08 per month from July 1995 through October 2014, declaration of his rights to receive CHW plan benefits in the future, order for defendant to pay his CHW benefits from November 2014 until judgment, all legal fees and any other relief as this court deems just. He is represented by Teresa S. Renaker, Margaret E. Hasselman and Kirsten Scott of Renaker Hasselman LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-02052