EAST ST. LOUIS - A woman claims her long-term disability benefits were wrongfully denied after a metal wheelchair ramp fell on her at work.
Kelly Titsworth filed a federal lawsuit in the U.S. District Court for the Southern District of Illinois against Principal Life Insurance Company, alleging violation of the Employee Retirement Income Security Act (ERISA) Section 502(a)(1)(B).
According to the lawsuit, the plaintiff was caused to stop working in November 2014 due to a workers compensation incident. While attempting to open a side door of her work van, the metal wheelchair access ramp came loose and fell on her right shoulder and back. She claims she attempted to hold it up off her and put it down, causing her to hyperextend her wrist. She alleges she suffered injuries to her right wrist, shoulder, back and neck.
In January 2016, Titsworth had been approved for long-term disability benefits after a 90-day elimination by the defendant. Then in March 2017, she received a letter indicating she was no longer disabled from her worker’s compensation injuries. However, she was approved for long-term disability benefits beyond Feb. 13, 2017, based upon headaches only.
In April 2019, the defendant denied any further long-term disability benefits based on a report from "Dr. Katz," which found that arthritis, neck pain, back pain, hip and joint pain, psychiatric illness, GI problems and foot pain were pre-existing. He found that Titsworth was capable of working full time without restrictions.
Titsworth filed an appeal in October 2019. She disagreed that her conditions were pre-existing. On Feb. 14, 2020, the defendant provided evidence from "Dr. Rubin," who found that she suffered from lumbar pain, difficulty ambulating due to tarsal tunnel syndrome, increased pain, diminished range of motion and flexibility and further deterioration functionality.
On May 22, 2020, the insurer sent its final denial adopting only a portion of Rubin's opinions.
Titsworth seeks monthly disability benefits from February 2019 through resolution of the claim, benefit reinstatement, pre-judgment and post-judgment interest, court costs and attorney's fees. The plaintiff is represented by Kristen N. Van Fossan of St Louis.
U.S. District Court for the Southern District of Illinois case number 3:22-cv-00253-SPM