NEW ORLEANS — A disabled woman is suing Capital One and Aetna Life, alleging wrongful termination due to a medical condition.

Deborah Davis of New Orleans filed a lawsuit May 5 in U.S. District Court for the Eastern District of Louisiana against Capital One Services LLC and Aetna Life Insurance Company, alleging violation of the Employee Retirement Income Security Act.

According to the complaint, on Nov. 2, 2012, based on Davis' medical condition, she requested FMLA leave but on Dec. 11, 2012, her FMLA claim was denied. The suit says she was terminated from Capital One May 5, 2016, and has never received any disability compensation to which she is entitled. 

The plaintiff alleges the defendants denied her claim for short-term and long-term disability benefits under the terms of an employee welfare benefit plan.

Davis seeks a trial by jury, judgment for the defendants to pay her short-term disability benefits, a right to long-term disability benefits under the plan, attorney fees, legal costs, damages, pre-judgment and post judgment interest and all other reasonable relief. She is represented by attorney Tonya S. Johnson of Johnson & Johnson Law Offices in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-04263

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