COMPLAINT-Page 1 of 7

Megan E. Glor, Attorneys at Law

621 SW Morrison, Suite 900

Portland, OR 97205

(503) 223-7400

Fax: (503) 227-2530

Megan E. Glor, OSB No. 930178

Email: megan@meganglor.com

John C. Shaw, OSB No. 065086

Email: john@meganglor.com

Megan E. Glor, Attorneys at Law, PC

621 SW Morrison, Suite 900

Portland, OR 97205

Telephone: (503) 223-7400

Fax: (503) 227-2530

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

LINA K. KONE,

Plaintiff,

v.

LEGACY HEALTH 

Defendant.

3:15-cv-1592

COMPLAINT

(Employee Retirement Income Security 

Act of 1974, 29 U.S.C. § 1132(a)(1)(B))

INTRODUCTION

1.

This action is brought on behalf of Plaintiff, Lina K. Kone, pursuant to the Employee 

Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq. ("ERISA"). Plaintiff seeks to 

recover from defendant Legacy Health (“Legacy”), unpaid benefits under defendant’s Long 

Case 3:15-cv-01592-PK Document 1 Filed 08/21/15 Page 1 of 7
COMPLAINT-Page 2 of 7

Megan E. Glor, Attorneys at Law

621 SW Morrison, Suite 900

Portland, OR 97205

(503) 223-7400

Fax: (503) 227-2530

Term Supplemental Income Plan (“the LTSI Plan”) benefits pursuant to the terms of the Plan and

29 U.S.C. §1132(a)(1)(B). Plaintiff seeks these remedies, plus her costs and attorney fees, 

pursuant to 29 U.S.C. § 1132(e)(1), (f), and (g).

JURISDICTION AND VENUE

2.

Jurisdiction is conferred on this court by ERISA, 29 U.S.C. § 1132(e)(1), (f), and (g), 

which gives the United States district courts jurisdiction to hear civil actions brought to recover 

plan benefits, as well as other declarative relief and attorney fees and costs, under ERISA.

3.

Venue is proper in this district court pursuant to ERISA, 29 U.S.C. § 1132(e)(2), and 

pursuant to 28 U.S.C. § 1391.

THE PARTIES

4.

At all times material herein, Plaintiff has been an individual residing in the state of 

Oregon. 

5.

At all times material herein, Plaintiff was employed by Legacy and was a participant 

under the LTSI Plan.

6.

The LTSI Plan is an employee welfare benefit plan specifically covered under ERISA, 29 

U.S.C. § 1002(1).

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Megan E. Glor, Attorneys at Law

621 SW Morrison, Suite 900

Portland, OR 97205

(503) 223-7400

Fax: (503) 227-2530

7.

At all times material herein, Legacy was the sponsor of the LTSI Plan within the meaning 

of ERISA, 29 U.S.C. § 1002(16)(B).

8.

At all times material herein, Legacy was the plan administrator of the LTSI Plan within 

the meaning of ERISA, 29 U.S.C. § 1002(16)(A).

9.

At all times material herein, Legacy was the claims administrator of the LTSI Plan within 

the meaning of ERISA, 29 U.S.C. § 1132(a)(1)(B), § 1132(a)(3), and § 1132(d)(2).

STATEMENT OF FACTS

10.

Plaintiff realleges the facts stated in Paragraphs 1-9.

11.

On or about May 7, 2012, Plaintiff left her employment as a Report Writer Analyst with 

Legacy due to disabling pain, from the right shoulder to the elbow and intermittent right hand 

pain and weakness, resulting from cervical degenerative disc disease with foraminal stenosis. 

12.

At all material times, Plaintiff was diagnosed with cervical radiculitis and cervical 

degenerative disc disease.

13.

Plaintiff applied for benefits under defendant’s Short Term Income Supplement Plan on 

or about May 29, 2012.

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Megan E. Glor, Attorneys at Law

621 SW Morrison, Suite 900

Portland, OR 97205

(503) 223-7400

Fax: (503) 227-2530

14.

By letter dated July 10, 2012 Legacy informed Plaintiff that her Short Term Income 

Supplement benefit claim had been approved, with benefits payable effective May 29, 2012.

15.

Plaintiff returned to a reduced work schedule (3 days per week) on or about July 23, 

2012. 

16.

On or about September 14, 2012, Legacy informed Plaintiff that her reduced work 

schedule could not be accommodated under Legacy’s Temporary Modified Program, which 

required a 30 hour-per-week work schedule. Accordingly, Plaintiff’s last day of work was 

September 14, 2012. 

17.

Legacy’s e-mailed notice, referred to in Paragraph 16, states: “You will receive Long 

Term Income Supplement benefits form 09/15/12 on for as long as you meet the Plan’s 

definition of disabled.”

18.

By letter dated October 19, 2012, Legacy informed Plaintiff that her LTIS benefits were 

being terminated effective October 19, 2012.

19.

On or about April 17, 2013, Plaintiff submitted a prelitigation appeal of Legacy’s 

termination of LTIS benefits.

Case 3:15-cv-01592-PK Document 1 Filed 08/21/15 Page 4 of 7
COMPLAINT-Page 5 of 7

Megan E. Glor, Attorneys at Law

621 SW Morrison, Suite 900

Portland, OR 97205

(503) 223-7400

Fax: (503) 227-2530

20.

By letters dated June 12, 2013 and June 14, 2013, Legacy informed Plaintiff that her 

LTIS claim had been reinstated.

21. 

The Social Security Administration approved Plaintiff’s claim for Social Security 

disability income (“SSDI”) benefits as of October 2012 and paid her a monthly SSDI benefit 

beginning in March 1, 2013. Accordingly, Legacy reduced Plaintiff’s monthly LTIS benefit by 

$1,392, effective March 1, 2013.

22.

By letter dated July 24, 2014, Legacy informed Plaintiff that her LTSI claim was being

closed effective July 31, 2014. Legacy cited the LTIS Plan’s “any occupation” disability 

definition and asserted “medical information in our file does not support total disability as 

defined by the plan.”

23.

On or about January 16, 2015, Plaintiff submitted a prelitigation appeal of Legacy’s

termination of her LTIS benefits.

24.

By letter dated April 8, 2015, Legacy denied Plaintiff’s appeal. 

25.

Plaintiff has completed all steps required prior to the filing of this Complaint under the 

Plan and ERISA, pursuant to 29 U.S.C. § 1133.

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Megan E. Glor, Attorneys at Law

621 SW Morrison, Suite 900

Portland, OR 97205

(503) 223-7400

Fax: (503) 227-2530

26.

29 U.S.C. § 1132(a)(1)(B) authorizes Plaintiff to recover benefits due to her under the 

terms of the Plan, to enforce her rights under the terms of the Plan, and/or to clarify her rights to 

future benefits under the terms of the Plan.

27.

By denying Plaintiff payment of benefits under the Plan, Legacy has violated and 

continues to violate ERISA, 29 U.S.C. § 1132(a)(1)(B).

28.

As a result of Legacy’s denial of LTIS benefits due and owing Plaintiff under the terms 

of the LTIS Plan, Plaintiff has been damaged in the gross amount of $2,494.00 per month, from 

July 31, 2014, the date benefits were due but not paid, through the date of judgment.

29.

As a result of the denial of Plaintiff’s claim for LTIS benefits under the Plan, Plaintiff has 

incurred attorney fees and costs, pursuant to 29 U.S.C. § 1132(g)(1). 

WHEREFORE, Plaintiff prays that she have and recover judgment in her favor and 

against defendant as follows:

(1) For a gross amount of $2,494.00 per month from July 31, 2014, through the date 

of judgment, pursuant to 29 U.S.C. § 1132(a)(1)(B;

(2) For a declaration that Plaintiff is entitled to receive a monthly benefit under the 

LTIS Plan through age 65, so long as Plaintiff remains totally disabled;

(3) For her attorney’s fees and costs, pursuant to 29 U.S.C. § 1132(g)(1);

(4) For prejudgment and post judgment interest; and 

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Megan E. Glor, Attorneys at Law

621 SW Morrison, Suite 900

Portland, OR 97205

(503) 223-7400

Fax: (503) 227-2530

(5) For such other relief as this court deems just and proper. 

DATED this 21st day of August, 2015. 

 

 _s/ Megan E. Glor_________

Megan E. Glor, OSB No. 930178

 Megan E. Glor, Attorneys at Law

 (503) 223-7400

 Of Attorneys for Plaintiff Lina K. Kone

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