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My husband, John worked as a truck driver, he failed his DOT physical due to the company doctor saying in his report that my husband had open heart surgery (which he's never had). He has paid in to long term disability insurance for 20 years. The company doctor will not amend his report and has stated that he would still fail in due to his smoking. He goes to a pulmonologist who said his lungs are good he had a cardiac stent put in and has passed several stress tests since. The long term insurance will not pay as his personal doctors say he CAN work, and his employer won't put him back to work due to the company doctor's records. We filed an EEOC claim 3 months ago but it is pending. Do we have any recourse with the long term disability insurance? Where should we go from here?

Submitted: 87 days and 21 hours ago.
Category: Legal
Value: $38
Status: AWAITING CUSTOMER ACTION

Answer

My sympathies to you and your husband for the havoc that doctors can wreak with their words and their sometime incredible refusal to acknowledge an error.

I do not think that you stand much chance with the LTD carrier. Unless he is very lucky because of the age of his police, it is likely that the policy language states that, much like Socail Security, your husband must show that he is disabled from performing any job, or at least any existing in reasonable numbers locally and nationally, in order to receive benefits. The LTD carrier is not bound by the opinion of one doctor, especially when there is an obvious error in the factual basis for his findings.

You are better off pursuing the matter before the EEOC. Hopefully, they will overturn the company doctor's findings and reinstate your husband. If they do not, and rule your husband is in fact disabled, then you should consult with an attorney about pursuing the LTD calim, and also a possible claim against the company doctor for malpractice.

I hope this answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.

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Expert: RBinJax
Pos. Feedback: 98.5 %
Accepts: 
Answered: 8/26/2009

Attorney

Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.

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