Marketing Director with Post-Traumatic Stress Disorder “Not Totally Disabled”; Insurance Company Denies Benefits

Marketing Director with Post-Traumatic Stress Disorder “Not Totally Disabled”; Insurance Company Denies Benefits

Our client, a 39-year-old female employed as marketing director with a major financial institution in Toronto, developed post-traumatic stress disorder (PTSD) after she was violently attacked and sexually assaulted by a stranger in a shopping mall parking lot.

Diagnosed With Post-Traumatic Stress Disorder

A few weeks following the assault, our client attempted to return to work. Unfortunately, she was not able to manage the key responsibilities of her job. She suffered debilitating flashbacks that left her scared, panicked and confused. Her employer and psychiatrist advised her to apply for her long-term disability benefits.

Insurance Denied Disability Claim

Her group insurance carrier, however, did not agree that her symptoms warranted a diagnosis of PTSD and believed that she should be accommodated at work. Although our client’s employer made it clear that there were no modified responsibilities that could accommodate her fragile emotional and mental state, the insurance company proceeded to deny her claim for long term disability benefits.

We presented the insurance company with police and witness reports from the date of the accident; statements from our client’s spouse, employer and colleagues; and detailed clinical notes and records from her family physician and psychiatrist that all pointed to the indisputable fact that she was disabled due to PTSD and was, therefore, eligible for benefits based on the terms of her insurance policy.

The insurance company requested our client undergo an independent medical examination. Although the “independent” doctor sided with the insurance company in his belief that she could work in some capacity, he backed up the diagnosis of PTSD.

Share Lawyers Successfully Negotiates Favourable Settlement For Client

Despite the insurance company’s aggressive defense tactics, we were able to negotiate a favourable settlement for our client. She finally had the financial stability and time to focus on her recovery and a healthier future.

Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you.

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We have recently settled cases with Cumis, Desjardins, Blue Cross, Sun Life, Industrial Alliance, BMO Life, Liberty Mutual, Empire Life, and others.