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My name is ***** *****. I was denied short term disability…

Customer Question
My name is *****...

My name is ***** *****. I was denied short term disability at Chase because they said my paperwork didn't cover the time period of my leave. I was threatened by an employee and fearful for my life. My doctor diagnosed me with anxiety on 11/19. The short term disability paper learly said I feared my safety at work. The guy that threatened me got 21/2 months paid, 5,000 dollars of severance pay and they are paying for his benefits for a year. He was terminated as of 1/4 although the incident happened in November. I needed time to get my head together but am now fighting for 60%of my pay

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Like what? that was pretty detailed

Submitted: 2 years ago.Category: Legal
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Answered in 50 minutes by:
1/29/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,161
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I understand the details of your situation, but what is your specific question for us?
You say you were threatened by the employee, for what reason?
You say your STD was denied because your paperwork did not cover your time of leave, did you submit corrected paperwork?
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Customer reply replied 2 years ago
How would I appeal or are there other options you'd better recommend? Employee that threatened me went dillusional and threatened to kill me the first time we hung out. Chase involved detectives and put him on paid admin leave. They couldn't discuss what was going on with him. He sits two desks down and my site has 3000 plus employees. I was under the impression that every employee passed the same background check. He was hired two weeks out of jail for a stalking charge. I didn't know when he was returning therefore I was scared to go to work. I found out he was terminated as of jan 4.'i returned to work on jan 16. I did submit paperwork documenting my treatment as it really messed with my head
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
Okay, first off, you need to file a written appeal to the STD insurance company and attach correct copies of your medical paperwork showing the correct dates. If they deny you again, you have to file suit against them in court for breach of contract to get your insurance benefits.
Second, actually, you have a claim here against Chase potentially for "negligent hiring practices" which have now caused you intentional injury of infliction of emotional distress. Because this was caused by the intentional tort of the employee, it is something that is exempt from workers compensation (which is a good thing) and that means that instead of bringing a claim against the employer under workers compensation and only being entitled to pay for medical expenses and time missed from work, you can sue Chase and the employee in "tort" and that means you can get medical payments, lost wages, PLUS pain and suffering/emotional distress damages against them.
So you really need to consider obtaining a local attorney at this point and pursuing a suit against the employer as well as against the STD insurer if they deny your appeal with the corrected medical documents attached.
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Category: Legal
Satisfied Customers: 124,161
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