SAN FRANCISCO – A Wal-Mart employee alleges he was wrongfully denied disability benefits.
Nicholas Denison filed a complaint on Sept. 14 in the U.S. District Court for the Northern District of California against Liberty Mutual Insurance Co. citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that he was working for Wal-Mart as a store co-manager when he left the full-time job on medical disability in April 2015 because of back issues. He alleges he was granted disability benefits for one year before the benefits were terminated by the defendant.
The plaintiff holds Liberty Mutual Insurance Co. responsible because the defendant allegedly breached its obligation under the long-term disability plan by denying plaintiff’s benefits, relied on retained consultants’ opinions as opposed to plaintiff’s own statements 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 3:16-cv-05253