Legal Question in Disability Law in Massachusetts
An injury left me retired and found incapable of working.
I worked for the State . I was injured at work,a back injury.I had an operation to fuse my back in 1999.An impartial exam was done.The doctors report stated I was permanent,and total,and was not fit for any gainful employment. I suffer with chronic pain,take opiates daily,and use a wheel chair,and cane.Yet the retirement people insist on having my wife wheel me into periodic examinations.Is`nt this a form of harrassment? Afterall they had excepted the impartial doctors findings that I had reached my end result,and incapable of work in any field,ever. It is very painful for me to even go to the food store let alone drive to a doctors office for no apparent reason.
1 Answer from Attorneys
Re: An injury left me retired and found incapable of working.
No. The governing policy probably requires you to periodically submit to exams to ensure you are still totally disabled and unable to work. You must cooperate with these requests or they can take the position that by refusing to cooperate with the terms of coverage, you are in breach of the policy; then they could withhold and/or terminate further coverage on these grounds.
This is an unlikely result, but suing them to get out from under your duty to cooperate with the terms of coverage would certainly pick the fight.
You should contact the Plan Administrator, and ask them to send you the Plan Summary, which explains the terms of the coverage. That Summary should explain your obligation to cooperate with the insurer by submitting to periodic examinations to ensure you are still totally disabled. If after reviewing those provisions you still believe the company is asking you to do more than you are required to do, then bring that to their attention, and ask for them to adhere to the governing terms of the policy.
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