1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

DENNIS BORROUSCH, )

)

Plaintiff, )

)

vs. ) Case No.: 3:14-cv-1996

)

AETNA LIFE INSURANCE COMPANY )

and BOYD GAMING CORPORATION )

WELFARE BENEFIT PLAN, )

)

Defendants. )

COMPLAINT

The Plaintiff, Dennis Borrousch, by and through the undersigned counsel, Bridget 

O’Ryan, files this Complaint against Aetna Life Insurance Company (“Aetna”) and Boyd 

Gaming Corporation Welfare Benefit Plan (“the Plan”), and as cause therefore states as follows:

I. JURISDICTION AND VENUE

1. This action arises under the Employee Retirement Income Security Act of 1974 

(“ERISA”), 29 U.S.C. §1001. The Court has jurisdiction of this case pursuant to 28 

U.S.C. §1331, in that this action arises under the laws of the United States. Specifically, 

Dennis Borrousch brings this action to enforce his rights under ERISA as authorized by 

29 U.S.C. §1132.

2. Dennis Borrousch is a resident of Sault Ste Marie Michigan and a citizen of the State of 

Michigan. However, Mr. Borrousch was a citizen of the State of Indiana at the time he 

became disabled and applied for disability benefits.

USDC IN/ND case 3:14-cv-01996-JVB-JEM document 1 filed 10/29/14 page 1 of 4
2

3. Boyd Gaming Corporation Welfare Benefit Plan is an employee benefit plan 

administered in the Northern District of Indiana. 

4. As an employee of Boyd Gaming Corporation Mr. Borrousch is a participant of the Boyd 

Gaming Corporation Welfare Benefit Plan.

5. Aetna is an insurance company incorporated in Connecticut and doing business in the 

State of Indiana. 

6. Aetna issued a group insurance policy to Boyd Gaming Corporation which promises to 

pay disability benefits to employees of Boyd Gaming Corporation if they are unable to 

work due to sickness or injury.

7. The Plan promises to pay disability benefits to employees of Boyd Gaming Corporation

if they are unable to work due to sickness or injury.

8. Venue in the Northern District of Indiana is appropriate by virtue of the Plan being 

administered in this District.

II. FACTUAL ALLEGATIONS

9. Dennis Borrousch worked as Director of Operations with Boyd Gaming Corporation until

he became disabled in July 2013.

10. Mr. Borrousch was forced to stop working as a result of the debilitating effects of the 

human immunodeficiency virus (HIV) including fatigue and cognitive impairment. Mr. 

Borrousch also suffers from polyneuropathy. His last day of employment was July 31, 

2013.

11. Mr. Borrousch applied for short term disability benefits provided through his employee 

benefit plan. Aetna approved Mr. Borrousch’s short term disability benefits for the 

maximum duration – from August 21, 2013 to January 28, 2014.

USDC IN/ND case 3:14-cv-01996-JVB-JEM document 1 filed 10/29/14 page 2 of 4
3

12. After Mr. Borrousch received the maximum duration of short term disability benefits, he 

applied for long term disability benefits which Aetna denied on March 24, 2014.

13. Mr. Borrousch appealed Aetna’s decision on September 18, 2014 which Aetna denied on 

October 21, 2014.

14. Mr. Borrousch has provided significant medical proof of his disability from his treating 

physicians who have repeatedly opined that Mr. Borrousch is totally disabled from 

performing any occupation. 

15. Despite this proof, the Defendants refuse to pay Mr. Borrousch his disability benefits. As 

a result of the denial of benefits, Mr. Borrousch suffers from serious financial and 

emotional distress.

III. CLAIM FOR RELIEF

WRONGFUL DENIAL OF EMPLOYEE BENEFITS

16. Paragraphs 1-15 are hereby realleged and incorporated herein by reference.

17. From July 2013, when Mr. Borrousch was forced to leave active employment, until 

the present, Mr. Borrousch remains unable to perform the material duties of his regular 

occupation or any occupation for which he is reasonably qualified based on his education, 

training or experience.

18. Mr. Borrousch provided the Defendants with ample medical evidence to verify his

disability under the Boyd Gaming Corporation Welfare Benefit Plan.

19. The Defendants have intentionally and without reasonable justification denied Mr. 

Borrousch’s disability benefits in violation of the Boyd Gaming Corporation Welfare 

Benefit Plan and ERISA.

USDC IN/ND case 3:14-cv-01996-JVB-JEM document 1 filed 10/29/14 page 3 of 4
4

WHEREFORE, the Plaintiff, Dennis Borrousch, requests that this Honorable Court enter 

Judgment:

A. Finding that Dennis Borrousch is entitled to disability benefits under the Aetna policy 

and order the Defendants to pay the past due benefits.

B. Finding that Dennis Borrousch is entitled to future monthly benefits as they become due.

C. Awarding the Plaintiff interest on the amount of back benefits which remain unpaid.

D. Awarding the Plaintiff attorneys’ fees and costs incurred as a result of the Defendants’ 

wrongful denial of benefits. 

E. Awarding all other relief as may be just and appropriate. 

Respectfully Submitted,

s/Bridget O’Ryan_________

Bridget O’Ryan 

Attorney for Dennis Borrousch

O’Ryan Law Firm

1901 Broad Ripple Avenue

Indianapolis, IN 46220

(317) 255-1000

Fax: (317) 255-1006

boryan@oryanlawfirm.com

USDC IN/ND case 3:14-cv-01996-JVB-JEM document 1 filed 10/29/14 page 4 of 4