SACRAMENTO – A Stanislaus County woman claims she was wrongfully terminated from receiving disability benefits.
Judy Battershall filed a complaint on Aug. 15 in the U.S. District Court for the Eastern District of California against Liberty Life Insurance Co. of Boston and Foster Farms Short Term and Long Term Disability Plans alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that in February, she became disabled because of restrictions resulting from cancer and was initially paid short-term disability benefits until the benefits were denied in March. The plaintiff holds Liberty Life Insurance Co. of Boston and Foster Farms Short Term and Long Term Disability Plans responsible because the defendants allegedly denied further payments for plaintiff's disability benefits because the defendant determined the plaintiff was still able to perform her occupation and failing to properly investigate the merits of her disability claim.
The plaintiff seeks payment of all short-term and long-term disability benefits, reinstatement, order for the defendant to pay plaintiff all disability benefits for as long as she remains disabled according to the terms of the plan, all legal fees and interest, and any other relief as the court deems just. She is represented by Glenn R. Kantor and Andrew M. Kantor of Kantor & Kantor LLP in Northridge.
U.S. District Court for the Eastern District of California Case number 1:16-cv-01204-DAD-EPG