LOS ANGELES – A telephone operator for Apple alleges he is disabled and is entitled to long-term disability benefits.
Justin Avery filed a complaint on Sept. 7 in the U.S. District Court for the Central District of California against Life Insurance Co. of North America over alleged violation of the Employee Retirement Income Security Act.
According to the complaint, on Nov. 13, 2015, Avery became disabled under the terms of the Apple Inc. plan and timely filed a claim to defendant for long-term disability benefits. The suit states on Jan. 18, 2017, defendant allegedly denied his long-term disability claim.
The plaintiff seeks a declaration from the court that he meets the definition of disability under the plan and is entitled to benefits.
The plaintiff seeks award of disability benefits, together with interest, attorney fees incurred, and for such other and further relief as the court deems just and proper. He is represented by Frank N. Darras, Susan B. Grabarsky and Phillip S. Bather of DarrasLaw in Ontario.
U.S. District Court for the Central District of California case number 2:18-cv-07815-CBM-PLA