Ex-Walmart Worker To Get Her Lawsuit Before Supreme Court
Julie Heimeshoff started working for Walmart in 1986, ultimately rising to the rank of senior public relations manager. In 2005, she began suffering from chronic pain, fatigue and migraines related to related to fibromyalgia, her lawsuit states. By the summer of that year, she was unable to work full-time, and the Social Security Administration deemed her disabled.
In August 2005, Heimeshoff filed a claim with Hartford Life Accident and Insurance Co., which provides long-term disability insurance to Walmart employees. For the next two plus years, Heimeshoff and Hartford waged war over whether or not she was in fact disabled.
Heimeshoff sued Hartford and Walmart in 2010, claiming that the denial of her claims violated the Employee Retirement Income Security Act. The federal law states that when a private employer provides benefits, the claims administrator must clearly explain what extra material is necessary to make a successful claim. Not only did Hartford fail to do that, the lawsuit alleges, the company used biased doctors, failed to investigate her claim in good faith, and denied her in a way that was "arbitrary and capricious."
U.S. District Judge Janet Atherton said the statute of limitations had expired. Heimeshoff had to file suit within three years of the deadline for proving her disability, the judge said. She was two months too late.
Heimeshoff countered that the statute of limitations should really begin when she knew she had been denied, which was a couple of months later. The 2nd Circuit disagreed, and dismissed her objection that Hartford had never told her about the time limit in its letters. On Monday, the Supreme Court agreed to hear her case.
"The trial and appellate courts found that The Hartford's plan language was reasonable and enforceable," Hartford said in a written statement. "Indeed, most federal courts have enforced provisions like ours." Walmart did not respond to a request for comment.
This isn't the first case involving disability and Walmart to land on the Supreme Court docket. Several years ago, a Walmart order-filler who earned $13 an hour was unable to do her job after an accident injured her hand and arm. But rather than transfer her to an equivalent position, Walmart gave her a job as a janitor, at $6.20 an hour. Walmart reached a settlement with the employee in 2008, so the Supreme Court dismissed the case.
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Claire Gordon has contributed to Slate's DoubleX, the Huffington Post, and the book Prisons: Current Controversies. While an undergraduate at Yale University and a research fellow at Yale graduate school, she spoke on panels at Yale and Cornell, and reported from Cairo, Tokyo, and Berlin. Follow Claire on Twitter. Email Claire at firstname.lastname@example.org. Add Claire to your Google+ circles.more...