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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I was on disability leave from work health condition. That

Customer Question

I was on disability leave from work for a health condition. That doctor released me back to work but another doctor put me on leave for a different health issue. I did not return to work before starting the leave for the second condition. My claim manager said it would be a new claim therefore begin my benefits as if it was day one and therefore giving me 100% wage coverage. When I filed the claim he said he was wrong and benefits would continue as if it was one leave. My coverage has dropped now to much less. My question is: if my first doctor gave me a return to work release, does this qualify me for full benefits as I was initially told by the claim manager?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

Are the benefits covered under the employer's policy or some sort of government policy?

Customer: replied 1 year ago.
Disability is covered under the employers policy.
Week 1 sick leave (normal payroll)
Week 2-16 100% income replacement by VDI coverage (normal payroll)
Week 17-26 70% income replacement by VDI coverage (normal payroll)
Week 27+ 66.7% income replacement by LTD and VDI coverage (VDI normal payroll;LTD manual check)I'm now in week 17-26. It's not for the same illness I had when I started my leave on June 1, 2015.
Expert:  Attorney2020 replied 1 year ago.

Assuming the payments are at 70%, that would be in compliance with the policy. With regard to the new disability, arguably the new disability could trigger a brand new disability coverage period but I'm not sure that it expresses that in the contract. if it does, then the employer is not in compliance. If not, the contract is ambiguous and you can argue that a new payment coverage period should be applied for the brand new disability.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that may be credited for my time. I thank you in advance for your cooperation. Thank you.

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