Our client, the plaintiff, worked as a custodian with a records management company in North York for many years. He never thought he would be diagnosed with rheumatoid arthritis.
Diagnosed with Rheumatoid Arthritis
After years of achy joints, he developed chronic back pain in his early 40s, and was diagnosed with Rheumatoid Arthritis. His doctor believed that his condition was exacerbated by his physical occupation.
The plaintiff was unable to continue working, and applied for long-term disability benefits through his employer’s group insurance plan.
Denied Disability Claim
The insurance company rejected his claim for disability benefits on the basis that he could find another job, one that was less physically strenuous. They claimed that if he had a job where he could sit for several hours at a time, his arthritis would not impact his work or energy levels.
The plaintiff knew that this wasn’t the case - sitting did not help with the pain. He was determined to prove to the insurance company that they were wrong.
IME with Insurnace Company Doctor
He underwent an independent medical examination (IME) with a doctor chosen by the insurance company. As well, he was told that he was well to return to work, as long as he could perform tasks that were less physically demanding.
Our client and his own doctors strongly disagreed. The plaintiff’s own family doctor stated to the insurance company that if her patient returned to work anytime soon, it would be detrimental to his condition.
Share Lawyers Sues Insurance Company
Share Lawyers sued the insurance company for failing to take reasonable steps to assess the plaintiff’s claim. As well, for denying his claim contrary to the weight of medical evidence.
After a mediation sessions between Share Lawyers and the insurance company’s lawyers, a lump-sum settlement was awarded to Share Lawyers’ client.
The financial settlement gave our client some breathing room. Knowing that he didn’t have to rush back to work, he could focus on managing his pain.
*All names and identifying details have been changed for confidentiality purposes.
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