Legal Question in Insurance Law in Texas
I have a disability case. The insurance carrier is MetLife. I did file on time with Metlife, but my injury was not properly diagnosed until after the deadline MetLife gave to submit my medical records. They denied my claim, and I filed in federal court. The judge struck out the new information that details my brachial plexopathy with related lack of feeling and restricted motor movement. So he ruled in favor of MetLife. I am taking it to the 5th Circuit court of Appeal. The deadline for MetLife was Marh 2007 and I was diagnosed in July 2008. Even the DWC designated Doctor concurred with the diagnosis and it is in his final report which was written in November 2008. How can I successfully submit the information and have the circuit court take it into consideration. This is my last life line. Is there a law/bill or precedent that I can access. This is an ERISA type case. I am classified a disabled person by Social Security.
1 Answer from Attorneys
You must have a zealous lawyer to carry the case that far..OR you must be doing this yourself..as the facts and the law are so difficult..But expect the Court to rule for the insurer...and if Erisa...why involve DWC?...good luck
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