Vocational Issues

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Job Abandonment or Disability?

Disabilities occur as the result of an accident or illness.  When trauma results in disability, the date of disability can usually be related to the date when the employee suffered an accidental injury. Disability due to illness, especially chronic illness, is more complicated, though. Most employees struggle to remain employed for as long as they […]

If sufficient medical evidence absent, consider vocational skill level

Many disability insurance policies evaluate an insured’s earning capacity to determine entitlement to benefits. For an insurance company to be able to assess earning capacity, the insured’s education and work experience are critical factors. A recent ruling from the federal court in Chicago, Contreras v. United of Omaha Life Insurance Co., 2017 WL 1493701 (N.D. […]

Occupation Review Should Look Into the Past

Kaelin v. Tenet Employee Benefit Plan, 2007 U.S.Dist.LEXIS 86063 (E.D.Pa. Nov. 21), has had a long and tortured history. Before this final ruling, the district court had issued two earlier rulings: Kaelin v. Tenet Employee Benefit Plan, 405 F. Supp. 2d 562 (E.D. Pa. 2005), and Kaelin v. Tenet Employee Benefit Plan, 2006 U.S.Dist.LEXIS 14858 […]