NEW ORLEANS – A truck driver alleges his claim for long-term disability benefits was wrongfully denied.

Bobby Miller filed a complaint on March 3 in the U.S. District Court for the Eastern District of Louisiana against Life Insurance Co. of North America and the Con-Way Benefit Plan alleging that they violated the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that he has suffered damages for not receiving his long-term disability benefits. The plaintiff holds Life Insurance Co. of North America and the Con-Way Benefit Plan responsible because the defendant Life Insurance Co. of North America allegedly denied his claim in 2015 and appeal for disability benefits and ignored the medical evidence submitted by his treating orthopedic surgeon finding him disabled. He alleges he appealed the decision in October 2015 and that the defendant has yet to make a ruling on the appeal.

The plaintiff requests a trial by jury and seeks an order declaring that he has a right to long-term disability benefits, award of attorney’s fees, costs and all other legal and equitable relief. He is represented by Joseph S. Piacun and Reid S. Uzee of Gennusa, Piacun & Ruli in Metairie.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-01885

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