HUNTINGTON – A Kentucky woman alleges her health insurance benefits were wrongfully retracted after she resigned from her position with a health care company.
Lindsay Cornell filed a complaint Nov. 15 in U.S. District Court for the Southern District of West Virginia against Blue Cross Blue Shield of Tennessee and Acadia Healthcare Co. Inc., doing business as Huntington Comprehensive Treatment Center alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff began employment with Acadia in December 2014 and began maternity leave in February 2016. The suit states she was covered under the Blue Cross plan during her maternity leave.
The suit states that the plaintiff resigned in April 2016 and in August 2016, was notified that Blue Cross retracted medical coverage relating to her February maternity leave.
The plaintiff holds Blue Cross Blue Shield of Tennessee and Acadia Healthcare Co. Inc. responsible because the defendants allegedly wrongfully retro-terminated her employment as of Feb. 8, 2016, a day before she went on maternity leave under the Family and Medical Leave Act, when she did not resign until April 16, 2016.
The plaintiff requests a trial by jury and seeks payment for insurance benefits due and owed under her policy, pre- and post-judgment interest, attorney's fees, costs and such other just and proper relief. She is represented by James D. McQueen Jr. and Chelsea R. Bailey of McQueen Davis PLLC in Huntington and Hoyt Glazer of Law Offices of Hoyt Glazer PLLC in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:17-cv-04326