NEW ORLEANS – Two seamen allege that a plan administrator improperly reduced their disability benefits and have filed a class-action suit.
Rusty Norman and Weyman Maxon, individually and on behalf of all others similarly situated, filed a complaint on Dec. 13 in the U.S. District Court for the Eastern District of Louisiana against Life Insurance Co. of North America citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs worked for employers that issued policies through the defendant. They allege the defendant improperly reduced the benefits they were owed. The plaintiffs allege that due to defendant's unlawful actions, they suffered monetary losses for not receiving the full amount of benefits due under the long-term disability plan. The plaintiffs hold Life Insurance Co. of North America responsible because the defendant allegedly improperly reduced plaintiffs' disability benefits by offsetting maintenance paid under the general maritime law.
The plaintiffs request a trial by jury and seek an order certifying this as class action, appointing plaintiffs as class representative and their counsel as class counsel, award for monetary damages, attorney's fees and costs and such other equitable relief. They are represented by Philip Bohrer and Scott Brady of Bohrer Brady LLC in Baton Rouge and Dennis M. O'Bryan of O'Bryan Baun Karamanian in Birmingham, Michigan.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-17271