Pain and Disability

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Changed definition halts disability benefits

A production supervisor for an engineering company sought disability benefits after aggravating a back injury when he fell down a flight of stairs. Plaintiff Alfredo Ruiz applied for benefits from Continental Casualty Co. and submitted certification from his attending physician, who reported that due to physical limitations, Ruiz ”may not work.” Additional records were later […]

Chronic pain and disability claims

Our law firm recently won a summary judgment ruling in a case that is instructive to litigants having to deal with disability due to severe pain. Lisa Mullally, a marketing analyst for Boise Cascade Corp., applied for disability benefits from Continental Casualty Co. due to severe pain resulting from a congenital kidney impairment that required […]

Courts seek clarity on subjective diseases

Claims involving sicknesses such as fibromyalgia, a condition for which medical science has yet to develop a laboratory test, can be challenging both for claimants and insurers. A recent decision from Minnesota, which followed a ruling from our 7th U.S. Circuit Court of Appeals, is very instructive, though, on the adjudication of such claims. In […]

Ruling warns against failure to communicate

The 8th U.S. Circuit Court of Appeals recently decided a disability benefits case involving a medical condition that is drawing increased attention among neurologists. Abram v. Cargill Inc., 2005 U.S. App. LEXIS 1142 (8th Cir., Jan. 24). Plaintiff Ellen Abram applied for disability benefits in 2000 when she could no longer work due to post-polio […]