HARRISBURG — A union member is suing a company and a pension fund, alleging his claim for disability benefits was arbitrarily and wrongfully denied.
Douglas Ash filed a lawsuit on March 29 in the U.S. District Court for the Middle District of Pennsylvania against Heat and Frost Insulators and Allied Workers Local No. 23 Pension Fund, citing violations of the Employee Retirement Income Security Act (ERISA)..
At all times relevant to the case, Ash claims he was a member of Local 23 and was eligible for disability benefits under its “Amended and Restated Plan of Benefits for the Insulators Local No. 23 Pension Fund,” subject to provisions of the ERISA. On Dec. 23, 2014, the plaintiff allegedly became disabled within the meaning of the plan.
Ash avers that when he submitted his claim on June 30, 2015, changes had been made to the plan of which he was not informed, resulting in a wrongful denial of his claim for disability benefits.
The plaintiff seeks an order for the defendant to pay disability benefits from July 1, 2015, continuing until retirement age, prejudgment interest, attorney’s fees, and court costs. He is represented by Jerry A. Philpott of Philpott Wilson LLP of Duncannon, PA.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00539-CCC