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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100463
Experience:  Lawyer
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I am an anesthesiologist appealling a disability Occupation,

Customer Question

I am an anesthesiologist appealling a disability for Own Occupation, that prevents we working in the Operating Room providing anesthesia.My Insurer is claiming I can work- despite their own IME's supporting I would have significant challenges.
My question is - can an insurer be liable should I be 'forced' back to work as they don't believe I cannot work- if I had a problem with a patient due to my disability, could the Insurer be liable in anyway for essentially forcing me back to work?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

It is not likely they would be held liable if something goes wrong.

They would say that they didn't force you to go back but just said they would not pay you benefits.

I suggest that you retain a lawyer to assist in the appeal as the consequences are very significant and you need to do this correctly.

And if you think a patient will be harmed if you return to work then of course you cannot return. Doing so hoping the insurers would be liable is exceedingly risky for you as well as for the patients.

Customer: replied 1 year ago.
Well that's why I'm claiming disability. If they deny my claim I have no income thus am forced to return to work. Is that not the purpose of disability.
I have a question on 'Own Occupation ' would you be able to give me an opinion on that?
Customer: replied 1 year ago.
Perhaps I should call you. What are the rates for that?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 1 year ago.

I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are my client.

I don't understand what your question is about "Own Occupation".

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