Walker v. Sperry & Hutchinson Co.

OPINION OF THE COURT

David B. Saxe, J.

Raised here is an issue which appears to have sharply divided both Federal and State courts, namely, whether a plaintiff seeking to recover insurance benefits under the Employees Retirement Income Security Act of 1974 (29 USC § 1001 et seq.) (ERISA) is entitled to a jury trial.

The plaintiff, Mr. Walker, was an employee of defendant Sperry & Hutchinson Co., Inc. (Sperry) for a period in excess of 20 years when he was terminated on November 24, 1984. Subsequent to his termination, Mr. Walker applied for disability benefits under the disability plan (the…