• David Martin

Laying Down on the Job?


How hard can ERISA really be? Are long-term disability carriers really that aggressive? I paid a premium so surely if the insurance company sees my medical records, my claim will be paid, right?

These are very common questions people ask when they find themselves too sick or hurt to work. Mr. Madrigal, in a recent case, found out just how hard ERISA can be.

He developed back problems and could not perform his customer service position. He could not sit down all day to work. It just hurt too much. It can be very hard to focus when in pain or when on pain medication. The long-term disability carrier, Liberty Life Assurance Company of Boston, refused to pay the disability claim. It hired two doctors who merely looked at his records and opined that he could still work a sedentary job.

Generally, medical records do not reflect the degree of pain that an individual is experiencing. They are not composed for that purpose. All can agree as well that every individual experiences pain to a different degree. So how could they know this?

In this instance, it was undisputed that the plaintiff could not sit for an entire shift at his computer terminal. Since Liberty Life would not pay Mr. Madrigal was forced to file a lawsuit. The court, however, stated that it did not matter that Mr. Madrigal could not sit, because as long as he could see the monitor and talk on the phone, he could be reclining.

So, because it might be possible for Mr. Madrigal to “lay down on the job” and work the claim would not be paid. I wonder how many employers are going to spring for a bed and work set up for this? Employers beware… a claimant who is told by an LTD carrier that he can work lying down may seek an accommodation which this court and Liberty Life thought was entirely possible.


Contact us today for a free initial consultation.

The Martin Law Group is dedicated to being your go-to ERISA attorneys and long term disability lawyers. Whether you are pursuing a long-term disability claim, life insurance benefits, or your pension or retirement benefits, we will meet with you face-to-face to discuss your claim at a location convenient for you. 

 

In an effort to make disability claims as easy as possible, we offer a free initial consultation. We often work with clients in Huntsville, Mobile, Birmingham, Montgomery, Dothan, Tuscaloosa, and Florence, in Alabama, as well as with clients in Columbus, Meridian, Jackson, Hattiesburg, Tupelo, and Gulfport, Mississippi, and surrounding areas.

Contact us today for a free consultation.

Long term disability attorney
Long term disability lawyer alabama

Tuscaloosa Office

2117 Jack Warner Pkwy
Suite #1
Tuscaloosa, Alabama 35401
Toll-Free: 800-284-9309
Local: 205-343-1771

Birmingham Office

The WSK Building
2323 2nd Avenue North
Birmingham, Alabama 35203
Toll-Free: 800-284-9309
Local: 205-343-1771
  • Long term disability lawyer
  • ERISA disability lawyer
  • Retirement benefits lawyer

© 2020 by The Martin Law Group, LLC

Sitemap | Legal Disclaimers | Privacy Policy

Website proudly created by Cartography Consulting.

DISCLAIMER: These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. The information presented on this website should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Therefore, no information of any kind that you provide us before such a relationship is created is confidential or privileged.

Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.