SCRANTON – A New Jersey woman alleges her claim for short-term disability benefits was unlawfully denied.

Rose Cucci filed a complaint on Sept. 20 in the U.S. District Court for the Middle District of Pennsylvania against Sedgwick Claims Management Services Inc., Wal-Mart Stores Inc. and Milford Walmart Supercenter citing the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that on Dec. 26, 2016, she experienced severe pain, spasms and burning sensations in her neck and shoulders and was deemed disabled according to her treating physician until she was treated by a neurologist. The suit states she then filed a claim for short-term disability benefits.

The plaintiff holds Sedgwick Claims Management Services Inc., Wal-Mart Stores Inc. and Milford Walmart Supercenter responsible because the defendants allegedly refused to grant disability benefits to the plaintiff despite having sufficient medical evidence to support her claim.

The plaintiff seeks pay all benefits plus interest, order the defendant to immediately issue monthly payments of short term disability benefits to the plaintiff, pay all civil penalties to the plaintiff, punitive damages, court costs and any further relief the court grants. 

She is represented by Howard A. Rothenberg of Howard Rothenberg & Associates in Scranton and Deborah E. Rothenberg of Howard Rothenberg & Associates in Scranton.

U.S. District Court for the Middle District of Pennsylvania case number 3:17-cv-01708-RDM

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