PITTSBURGH – A Brackenridge man is alleged to have misrepresented information to a plan to receive benefits to which he was not entitled.
Board of trustees of the Greater Pennsylvania Carpenters' Medical Plan filed a complaint on Nov. 8 in the U.S. District Court for the Western District of Pennsylvania against Eric T. Clark citing the Employee Retirement Income Security Act, fraud and other counts.
According to the complaint, the plaintiff alleges that the defendant received weekly disability benefits from it from Jan. 7 to Feb. 25 while also receiving unemployment compensation. The plaintiff alleges that per the terms of the plan, members cannot collect both disability and unemployment compensation at the same time. It alleges that had it been informed the defendant was receiving unemployment compensation, it would not have paid benefits.
The plaintiff holds Clark responsible because the defendant allegedly failed in inform the plaintiff that he was already receiving unemployment compensation benefits and has failed to reimburse it $1,847 for the benefits.
The plaintiff seeks judgment against the defendant in an amount not less than $1,847 for weekly disability benefits paid to him, interest, court costs and any further relief this court grants. It is represented by Stephen J. O'Brien and Andrew L. Ciganek of Stephen J. O’Brien & Associates in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-01458-NBF