If you’re like many American workers, Unum is your life insurance and long-term disability (LTD) carrier via your employer—and you may not even know it. A lot of people don’t look into the details of their LTD coverage until they need it (and simply hope they never do).
Unum is one of the biggest LTD insurance providers in the country, and it’s also the target of many Unum class action lawsuits. For many people, filing an Unum lawsuit is the last resort after exhausting every other option. John Parillo, an employee of Coca-Cola, is one of the latest Unum victims to head to court. He filed his Unum lawsuit on Dec. 23, 2013.
According to his Unum lawsuit, the Rhode Island man was employed at Coca-Cola, and the company had contracted with Unum to provide LTD coverage.
“Mr. Parillo was a driver and merchandiser for Coca-Cola,” the Unum lawsuit says. “While undergoing medical evaluation for hernia surgery in 2009, his doctors discovered that he had a rare form of lymphoma-Angioimmunoblastic T-cell Lymphoma. In 2009, Mr. Parillo underwent stem cell transplants and chemotherapy, which required a near month-long hospitalization. Fortunately, treatment put Mr. Parillo’s lymphoma into remission. Unfortunately, the treatment left him with significant and disabling fatigue and neuropathy in his feet, legs, and hands. Unum approved Mr. Parillo’s LTD claim on or about November 11, 2009 under the Plan’s own occupation definition of disabled.”
Unum Benefits Terminated
Prillo’s Unum lawsuit continues: “Thereafter, the Social Security Administration approved Mr. Parillo’s claim for Social Security Disability Insurance (‘SSDI’) benefits on or about March 19, 2010.
“Unum offset Mr. Parillo’s Plan LTD benefits with his SSDI benefits, which reduced the monthly benefits that Unum paid to Mr. Parillo. Unum further investigated Mr. Parillo’s claim and determined that Mr. Parillo was disabled from performing the duties of any gainful occupation.” It was then that Unum made a move that has become all too well known to other Unum victims. “By letter dated January 27, 2012, Unum advised Mr. Parillo that it was again reviewing his file to determine whether Mr. Parillo was disabled from any gainful occupation. Mr. Parillo remained totally disabled under the Plan due to his continued fatigue and neuropathy in his feet, legs and hands.”
According to the Unum lawsuit, “Mr. Parillo’s treating physician advised Unum that Mr. Parillo was disabled due to his continued fatigue and neuropathy in his feet, legs and hands. Without examining Mr. Parillo, and against the clear weight of the evidence, Unum terminated Mr. Parillo’s LTD benefits on September 17, 2012 based upon the file reviews performed by Unum’s in-house nurse Charlene Saucier and its in-house doctor Stewart H. Russell D.O. Mr. Parillo appealed by letter on March 11, 2013. With his appeal, he enclosed reports from his primary care doctor, neurologist and oncologist expressing their opinion that Mr. Parillo is totally disabled.”
The Lengthy Appeals Begin
“Without examining Mr. Parillo, and against the clear weight of the evidence, Unum denied Mr. Parillo’s appeal on April 24, 2013 based on the file review opinion of its consultant Jacqueline Crawford, MD,” the Unum lawsuit says. “At all relevant times, Mr. Parillo has been totally disabled under the terms of the Plan and entitled to LTD benefits.”
According to the Unum lawsuit, “Unum had a financial incentive to terminate Mr. Parillo’s LTD benefits and deny his appeal. Unum’s wrongful conduct during the administration of Mr. Parillo’s claim was the result of Unum’s conflict of interest.” Parillo saw no other option than to file an Unum claim. He’s filed a lawsuit for violation of the Employee Retirement Income Security Act (ERISA), breach of fiduciary duty, rights to future benefits, and any other compensation that the court deems necessary.
The Unum lawsuit is John Parillo v. Unum Life Insurance Company, Case No. 1:13-cv-00792-S-LDA, in the U.S. District Court for the District of Rhode Island.
In general, Unum lawsuits are filed individually by each plaintiff and are not class actions.
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