NEW ORLEANS — A Terrebonne Parish man is suing John Deere, alleging unlawful denial of health benefits.
Phillip Himel filed a lawsuit May 20, in the U.S. District Court for the Eastern District of Louisiana against Deere & Company, alleging violation of the Employee Retirement Income Security Act and the Family and Medical Leave Act.
According to the complaint, Himel has been denied the benefits due to him under the employee welfare benefit plan, causing him to suffer economic losses. The plaintiff alleges Deere unlawfully denied his benefits, abused its discretion by denying Himel's claim for disability benefits in bad faith, failed to consider his medical condition and failed to give the plan a uniform construction and interpretation.
Himel seeks a trial by jury, judgment for all benefits due, pre-judgment and post judgment interest, reasonable attorney fees and costs and for all other relief as the facts and law may provide. He is represented by attorney Loyd J. Bourgeois Jr. of Luling.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-06712