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Sunday, April 14, 2024

Shopper with Debilitating Knee Harm Awarded $247K Settlement


When a shopper with severe knee surgical procedure problems was denied a long-term incapacity declare from one of many nation’s largest insurance coverage corporations, Michael Horrow and the crew at Donahue & Horrow LLP have been in a position to safe a really favorable settlement to assist the shopper concentrate on his restoration. 

In December 2017, after a lifetime of exhausting work, our then 58-year-old shopper was pressured to cease working after his third knee surgical procedure, on account of problems from a revision of a previous left whole knee alternative.  Whereas our shopper had been in a position to return to work after his prior surgical procedures, he by no means totally recovered from his third knee surgical procedure.  He turned to his long-term incapacity service and filed a declare for incapacity advantages beneath the ERISA-governed profit plan supplied by his employer.  

The insurance coverage firm agreed that our shopper was not in a position to work and initially accepted his incapacity declare.  For the subsequent two years, our shopper repeatedly supplied up to date medical data to the insurance coverage firm. This included data from rotator cuff surgical procedure and plans for a fourth left knee surgical procedure that needed to be delayed because of the COVID-19 pandemic.

After 24 months of receiving advantages,  the definition of incapacity modified, as is typical in ERISA-governed incapacity plans.  Initially, our shopper solely needed to display that he was unable to work the job that he carried out on the time of his incapacity, that of a manufacturing supervisor, so as to qualify for advantages.  Nevertheless, after two years, our shopper was required to indicate that he couldn’t “carry out the duties of any gainful occupation” so as to qualify for advantages.  Instantly after the change within the definition of incapacity, our shopper continued to obtain month-to-month profit checks.  Nevertheless, after three months, the insurance coverage firm arbitrarily and all of the sudden denied our shopper’s declare— as a result of an underqualified in-house nurse reviewer employed by the insurance coverage firm believed our shopper might return to work.

This led our shopper to method Donahue & Horrow LLP for assist with an attraction of the wrongful denial of his declare.  The Agency took over all communication with the insurance coverage firm and ensured that the insurer acquired all of our shopper’s up to date medical data in addition to studies from a Purposeful Capability Evaluator and a Vocational Analyst additional supporting the declare.

When the insurance coverage firm refused to reverse its declare resolution on attraction, Donahue & Horrow LLP filed an ERISA grievance in america District Court docket for Central District of California’s Los Angeles courthouse.  Ultimately the events carried out a mediation, throughout which the insurance coverage firm agreed to pay our shopper a considerable settlement in change for a dismissal of the lawsuit.  With the settlement, our shopper was in a position to keep away from the uncertainties inherent in litigation and was additionally free of having to make month-to-month studies to the insurance coverage firm relating to his medical situation.  Now, utilizing the cash from his settlement, alongside together with his month-to-month Social Safety Incapacity Insurance coverage advantages, our shopper is ready to spend his time specializing in his restoration and spending time together with his household, relatively than preventing with the insurance coverage firm.

In the event you consider your incapacity insurance coverage, life insurance coverage, AD&D or long run care insurance coverage declare was improperly denied by your insurance coverage firm, name Donahue & Horrow LLP at (877) 664-5407 for a free session.

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