(DOWNLOAD) "Lawrence Leroy Myers v. Pitney Bowes" by Southern District, Division One Court of Appeals of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: Lawrence Leroy Myers v. Pitney Bowes
- Author : Southern District, Division One Court of Appeals of Missouri
- Release Date : January 30, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
PER CURIAM. Pitney Bowes, Inc. (Defendant) appeals the denial of its motion to set aside a default judgment entered in favor of Plaintiff, Lawrence Leroy Myers. We reverse and remand. In his petition filed in December, 1994, Plaintiff sought a declaratory judgment concerning his entitlement to benefits, including disability benefits, under plans provided by Defendant. Included in the petition were allegations that he had been employed by Defendant since 1976, and as a result he was entitled to certain benefits, including disability benefits described in a ""Pitney Bowes Benefit Plans"" pamphlet, portions of which were attached; that he had requested a temporary leave of absence on April 20, 1990, and in that same month had applied for disability benefits under the plan, which were denied, as was his appeal from that decision; that he was told by Defendant's agents that in order to remain employed by Defendant he should give written notice that he was able to return to work on January 1, 1991, which he did (although he also alleged that the statement was not true); that he received medical benefits from Defendant through December, 1992; that he was told by Defendant's agents to apply for social security disability benefits, and that if those benefits were granted he would be entitled to receive benefits from Defendant; that on March 25, 1992 he was determined to be disabled as defined in the Social Security Act and was found to be entitled to social security disability benefits retroactive to October 1, 1990; ""that plaintiff has been entitled to receive disability benefits from defendant pursuant to [the portions of the plan attached to the petition] since April 20, 1990 and continues to be entitled to receive such benefits until reaching age 65""; that in addition to disability benefits he is entitled to ""other benefits including life insurance, supplementary life insurance, and health insurance"" as set forth in other portions of the ""Pitney Bowes Benefit Plans"" pamphlet attached; that he had been ""wrongfully denied all such benefits""; and that Defendant ""is estopped from asserting a lack of timeliness in pursuing this claim for the reason that defendant mislead plaintiff as set forth above and caused him to believe that his employment was continuing and that the denial of benefits would be rectified."" The prayer of the petition sought a declaratory judgment concerning the ""respective status, rights, obligations and legal relationships of the parties herein and particularly to adJudge and declare that plaintiff is entitled to receipt of disability benefits, as well as life insurance, supplementary life insurance and health insurance, retroactive to April 20, 1990 and continuing until plaintiff reaches the age of 65 . . . .""