SCRANTON — A retired union worker from Kunkletown is suing UFCW Local 464A Welfare Funds, Local 464A United Food and Commercial Workers Welfare Service Benefit Fund and Local 464A United Food and Commercial Benefit Fund, Board Of Trustees, citing alleged breach of fiduciary duty and discrimination.
Denise Sedorchuck filed a complaint on April 19 in the U.S. District Court for the Middle District of Pennsylvania against the defendants, alleging that they violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that, on April 29, 2015, she underwent surgery due to degenerative joint disease on her left knee, with the defendants' approval, but after the procedure, she was denied her benefits under the welfare service benefit funds and has consequently incurred personal expenses.
The plaintiff holds the defendants responsible because they allegedly arbitrarily denied payment for the procedure, alleging that although her condition was work-related, she had not worked for over a year, having retired on February 2014 shortly after her employer went bankrupt, while ignoring their own pre-approval upon which both she and her physician relied.
The plaintiff requests a trial by jury and seeks full and complete coverage and benefits, attorney's fees, costs and expenses and any other equitable relief as the court may deem just and proper. She is represented by Leo P. Jackson of Jackson Law LLC in Stroudsburg.
U.S. District Court for the Middle District of Pennsylvania Case number 3:16-cv-00651