Our client, the plaintiff, worked as a bank teller for many years in Little Italy in Toronto. Being on her feet all day never bothered her because she wore sleek comfortable shoes and always stayed active. She loved her morning walk to work. She never dreamed she would have an insurance claim denied.
Chronic Pain Started
After Christmas two years ago, she started to notice that she was feeling fatigued almost all of the time. When she started suffering from headaches, she stopped her caffeine intake. But the headaches didn’t go away. She then began to notice her hands and feet were numb or tingly and she would ache all over for what seemed like months at a time.
Our client spoke with her doctor who told her she just needed to try to get more rest, so she took six months off to recover. Although there were less lights and loud noises at home to trigger a headache, her symptoms worsened. She developed irritable bowel syndrome and when she wasn’t in pain or completely exhausted, she felt foggy and found it hard to hold a conversation.
She could not go back to work. Her doctor had become quite concerned about her physical state and was working to complete a series of tests to rule out Lupus and Multiple Sclerosis. He was fairly confident when the diagnosis pointed to fibromyalgia.
Insurance Claim Denied
Our client’s application for long-term disability was denied. The insurance company conducted an IME (Independent Medical Exam) wherein they decided her symptoms weren’t deemed serious enough to meet their definition of disability. They claimed she could work in another capacity.
She had always believed the insurance that her employer provided would be there for her if her health ever failed. But when the time came, she was left in the dark.
Our client’s physician strongly disagreed, and, with help from her family, she was referred to Share Lawyers. We worked with her to sue the insurance company on the grounds that they did not take her symptoms into consideration or the fact that, in agreement with her family doctor, and her specialist she was unable to return to work.
After mediation between Share Lawyers and the insurance company, a settlement was awarded to our client and she was able to take the time to treat her illness.
*All identifying details have been changed for confidentiality purposes.
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