West Virginia Record

Sunday, October 20, 2019

Virginia man seeks dismissal of his lawsuit against former employer and its benefits provider

Lawsuits

By Kyla Asbury | Aug 20, 2019


HUNTINGTON — A stipulation of dismissal was filed in a case alleging violations by a hospital's benefit plan, as administered through a Canadian firm, of federal retirement income laws.

"Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, plaintiff Richard Hogan, by his counsel, and defendant Sun Life Assurance Co. of Canada, by its counsel, hereby stipulate that the above-referenced action is dismissed with prejudice, with each party to bear their own costs and attorney's fees," the stipulation of dismissal states.

Terms of the dismissal were not provided.

Richard Hogan, a Wythe County, Virginia, man filed a complaint on Nov. 13, 2016 in U.S. District Court for the Southern District of West Virginia Huntington Division against Pleasant Valley Hospital Inc. Employee Benefit Plan; Sun Life Assurance Co. of Canada; and Does 1 through 5 for alleged violation of the Employee Retirement Income Security Act.

According to the complaint, Hogan was approved for Social Security Disability and the administration determined his date of disability was March 23, 2016. However, on May 1, 2017, the defendants allegedly denied his additional long-term disability (LTD) benefits and, despite his timely appeal, they reaffirmed the decision to deny his additional LTD benefits. 

The plaintiff claims the defendants are responsible because they allegedly refused to pay due benefits under the plan pursuant to review that plaintiff is disabled and entitled to receive additional LTD benefits.

He was represented by J. Patrick L. Stephens of Underwood Law Offices in Huntington.

The defendants were represented by John C. Lynch of Troutman Sanders in Virginia Beach.

U.S. District Court for the Southern District of West Virginia Huntington Division case number 3:18-cv-01460

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U.S. District Court for the Southern District of West Virginia Huntington Division

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