A woman has filed an Unum ERISA lawsuit against the disability insurance company and Continental Airlines stating that a breach of contract and breach of fiduciary duty have occurred.

Plaintiff Maralee M. states in her Unum ERISA lawsuit that she was an employee of Continental Airlines from October 1976 until April 2004 and was covered under a long-term disability plan that was issued by Unum.

On April 29, 2004, Maralee underwent surgery for a scar revision that resulted from a previous ventral hernia surgery. She also underwent additional cosmetic surgery.

“As the result of complications during that surgery, the Plaintiff suffered extensive and permanent brachial plexus nerve damage to her arm and shoulder, neuropathic pain in her shoulder, arm, back and hand, and has endured emotional distress with concomitant fatigue, anxiety, depression and PTSD, along with other ongoing physical and emotional problems that have extended through the present time,” the Unum ERISA lawsuit states.

Following her injuries that resulted from her surgery, Maralee states that she was no longer able to perform her duties as a flight attendant per the terms of her long-term disability plan. Unum initially granted Maralee the benefits under the plan in August 2004 and continued to monitor her entitlement under the plan.

After she had received disability benefits for 24 months, Maralee’s case went under review under a different definition of disability, but she was still deemed as entitled to ongoing long-term disability benefits, the Unum ERISA lawsuit states.

In late 2008, Maralee states that she tried to obtain a different type of employment that she would be able to perform, based on the recommendations and restrictions from her doctor. Unum had allegedly tried to help Maralee with its vocational assistance program. Maralee found a sales commission job at Nordstrom, initially working full time then later reducing her hours to part time.

In March 2009, Maralee advised Unum that she would no longer be able to continue her part time job, and Unum closed the vocational rehabilitation file for Maralee. As the work at Nordstrom was not considered gainful, Unum continued to pay Maralee her benefits while she was working based on a formula. When she ended her employment with Nordstron, Unum paid Maralee her full long term disability benefits, the Unum ERISA lawsuit states.

In 2010, Unum offered a settlement to Maralee. Her benefits to age 65 would have totaled $219,515.53, and Unum offered her 65% of that value as a payout, and she refused. In an ongoing review, Maralee’s doctor stated her original disability and restrictions were still current, and her condition was not going to improve. Unum also reviewed a worker’s compensation claim at the time.

In July 2013, Unum sent Maralee a letter saying they overpaid her LTD benefits by more than $6800 as a result of her previously settled workers compensation claim. She paid the overpayment off within a couple of weeks after receiving the notice. Another settlement offer was made by Unum and refused by Maralee.

Ultimatley, Unum ended up denying Maralee’s benefits after another review, despite supporting evidence showing that Maralee was still considered disabled, the Unum ERISA lawsuit details. Maralee filed under an enforcement action and breach of fiduciary duty and seeks ongoing disability benefits, attorneys’ fees and costs and any other relief that may be deemed just and proper by the Court.

The Unum ERISA Lawsuit is Case No. 1:17-cv-01387, in the U.S. District Court for the District of Colorado.