Employment Disability Insurance
A research guide to disability insurance claims arising from employment, including coverage, proof of disability, insurer obligations, employer liability, medical evidence, defences, damages and limitation periods.
General Principles of Interpretation
Principles governing the interpretation and legal characterization of disability insurance coverage.
Making the Disability Claim
The essential requirements for obtaining short- and long-term disability benefits and satisfying the policy definition of disability.
Proving the Claim
The evidentiary burden on the claimant and the medical and other evidence used to establish disability.
Role and Liability of the Employer
The employer’s role in administering workplace disability benefits and potential liability arising from the handling of a claim.
Duty of Good Faith
The insurer’s obligation of good faith and the circumstances in which improper claims handling may support aggravated or punitive damages.
Termination of Insurance
Issues arising when disability coverage ends or employment terminates while disability rights or claims remain outstanding.
Defences to the Claim
Common grounds relied upon to deny or reduce disability benefits.
Administrative Services Only
The legal consequences of ASO arrangements in which the employer funds benefits while another entity administers the disability plan.
Offsets from the Claim
The treatment of CPP disability, workers’ compensation, employment income, severance payments and other amounts that may reduce disability benefits.
Medical Records & Medical Evidence
Access to, use of and confidentiality of medical information in disability claims, together with the role of treating and independent physicians.
Notice Deadlines & Limitation Periods
Deadlines for providing notice and proof of claim, commencing proceedings, discoverability and relief from missed deadlines.