SAN FRANCISCO — A man is suing Liberty Life Assurance Co. of Boston, a plan administrator, citing alleged violation of Employee Retirement
Income Security Act (ERISA).
Nicholas Denison filed a complaint on Oct. 18, in the U.S. District Court for the Northern District of California against Liberty Life Assurance Co. of Boston alleging that the plan administrator breached its duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that in April 2015, he left his job in Wal-Mart because of a medical disability from severely damaged lumbar discs and subsequent lumbar surgery. Th plaintiff's work disability was quickly confirmed by the defendant, noting he could not return to his former occupation, but later the defendant overturned their own finding and denied benefits. The plaintiff appealed his case but was further denied by the defendant.
The plaintiff holds Liberty Life Assurance Co. of Boston responsible because the defendant allegedly breached its obligation under the long-term disability plan by denying plaintiff’s disability payments even if he has met all of the criteria for eligibility, and relied on retained consultants’ opinions as opposed to plaintiff’s and treating doctors’ opinions.
The plaintiff requests a trial by jury and seeks judgment against defendant, compensatory damages, costs of suit, attorney's fees, interest and further relief as the court may deem proper. He is represented by P. Randall Noah of Law Offices Of P. Randall Noah in Orinda.
U.S. District Court for the Northern District of California Case number 4:16-cv-06002