Disability Issues In The Workplace

Chart of Post-Fidler cases

dqh May 23, 2024 1 Comment
The narrative review of these cases appears here. Case Details Mental Distress Punitive Rowe v Unum OSC December 2006   Unfair process led to denial of benefits; Amendment at trial
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Fraud

dqh May 16, 2024 No Comments
Fraud A finding of fraud is very important as it will allow the insurer to defeat the incontestability period of two years. It is again irrelevant with respect to group
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Right to Medical Records

dqh May 16, 2024 No Comments
Patient’s Right to Access Medical Records In 1992 Supreme Court of Canada considered a request made by the plaintiff patient to the defendant physician for the complete contents of her
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Medical Records

dqh May 16, 2024 No Comments
Introduction A disability case will inevitably require the production of medical records. The law will clearly allow the production of medical records once the plaintiff has chosen to put his
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Statutory Conditions

dqh May 15, 2024 No Comments
The statutory provisions of Alberta’s amended Insurance Act are typical of the legislative terms used to define “accident and sickness” policies in Canada’s provinces and territories. This legislation still recognizes
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Pre-Existing Medical Condition

dqh May 15, 2024 No Comments
The distinction between “disability” insurance and “accident and sickness” insurance is again relevant with respect to the incontestability provisions which have been enacted by statute. “Disability” insurance does not have
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Mitigation

dqh May 15, 2024 No Comments
Duty to mitigate – implied term This issue is well within the control of the insured. There should be no need to show vulnerability on this question. Essentially it reduces
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Defending the Claim

dqh May 15, 2024 No Comments
Introduction This section reviews the defences which an insurer may offer to a claim for disability benefits by an implied term such as the duty to mitigate to typical policy
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