Legal Question in Disability Law in Michigan
my fiancee has had to work anywhere from 10 to 12 hours a day for the past few months...with approx. 99% of the time standing on his feet. He found out a few weeks back that he has severe/advance arthritis in his left hip and needs hip replacement surgery. However, he would not have any income coming in during the time he would need to be off work. he did sign up for short term and long term disability a couple of months ago. however, the policy does not take effect until october 1. But when we looked online at Aflac disability info, it stated that because they would more than likely consider this a pre existing condition, he would have to wait at least 12 months from the policy date until he could have this surgery. My question is this: because he was required to stand for this length of time at work (during the hot months where his leg would swell up) is this considered a workers comp issue or is this just something that we need to somehow deal with. additionally, he has arthritis in the right hip also per x-ray. He is also almost certain that he has it in his shoulder and hand. therefore, when he has one surgery he would more than likely need to have additional surgies.
1 Answer from Attorneys
It might very well be a comp issue. Visit kliszlaw.com to discuss. Tim Klisz