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Boeing Employee Sues for Disability Benefits

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Case ID: 4070 | Insurance | 12/20/2004

A class action lawsuit has been filed in the Western District Court of Washington against the Boeing Company Employee Health and Welfare Benefit Plan for violations of the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. Class members seek the recovery of benefits, attorney's fees and costs of the litigation.

Specifically, the complaint alleges that Bonita Biery was employed as a business analyst by The Boeing Company in Seattle, Washington for approximately fifteen (15) years until June of 2001. During that time, she became eligible to receive disability benefits and premiums were paid out of her employee compensation to Boeing in consideration for the coverage. Aetna is the insurance company for Boeing.

Biery became afflicted with the disabling conditions of Chronic Fatigue Syndrome and Fibromyalgia (pain in bodily muscles, ligaments and tendons) while she was employed at Boeing and was unable to work. She is eligible to receive short and long term disability benefits until she reaches the age of sixty-five (65) or is able to return to work. Aetna denied her disability claims and Biery alleges that she has been subject to inappropriate claims adjustment practices and procedures by Aetna and Boeing's Plan Administrator. The proposed class includes plaintiffs who were wrongfully denied claims from December, 1998 until the filing of this lawsuit.


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