Insurance Carrier Must Continue to Pay Injured Employee Long-Term Disability

BACKGROUND

A seriously injured employee collected long-term disability benefits from an insurance carrier for several years. The insurance company suddenly stopped his benefits, claiming that he could perform "sedentary" work despite his debilitating back injury. He sought the expert legal counsel of Employment Attorney Raymond Nardo in the hope of regaining his disability benefits.

THE CASE 

Employment Attorney Raymond Nardo agreed to represent the injured employee. The long-term disability carrier compelled that the disability claim be arbitrated. In arbitration, the arbitrator acts in the place of a judge and makes binding decisions about evidence and the ultimate outcome of the case. Attorney Nardo had to prove to the arbitrator that the decision of the Disability Committee was "arbitrary and capricious" under the Employment Retirement Income Security Act ("ERISA"). The arbitrator heard evidence from both parties in the form of testimony and documents, including Attorney Nardo's cross-examination of the Independent Medical Examination physician. Based on the evidence and testimony presented, the arbitrator awarded the injured employee full long-term disability benefits both retroactively and for the future.

CONCLUSION

This case illustrates the crucial role of legal advocacy in fighting for an injured employee’s disability benefits. If you have been receiving long-term disability and your insurance carrier suddenly denies your benefits, contact Employment Attorney Raymond Nardo for honest, expert, results-focused legal advice.  Attorney Nardo has obtained millions of dollars in settlements for his clients. He can guide you through the legal process and protect your rights.