Nicely v. Bank of Virginia Trust Co.

This appeal arises in an action at law brought by an employee seeking permanent disability benefits under an employer’s profit-sharing plan. During our review, we will examine the rights and liabilities of the parties with respect to administration of the plan.

The employee, appellant Robert L. Nicely, filed a motion for judgment, amended during pretrial proceedings, against Bank of Virginia Trust Company, Trustee of East Coast Oil Corporation Employees’ Profit-Sharing Plan and Trust. Nicely seeks recovery of $2,373.27 allegedly due under the Plan because of physical disability that forced him…