QUESTION
Had back injury, and my work provides salary continuation. The company denied my claim but feel I should have valid claim.
Asked on Jan 13th, 2013 on Labor and Employment - Utah
More details to this question:
The claims company kept telling me that they would make the decision based on whether or not as of the injury date was I temporarily disabled. In the final documentation provided they never addressed that fact. The decision factors where not based on that, or the actual diagnoses from a physician. I don't know if I have any legal case, but I feel that they did not do what they were going to say. My work at first did pay the salary continuation, but then upon the final decision from the claims company, I now have to pay back the amount that was paid plus have no compensation for time missed. I have gotten behind on bills, its ruining my credit history. I just need to know if I have a case.
1 ANSWER
Civil Litigation Attorney serving Salt Lake City, UT
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Kesselring Law, PLLC
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Assuming that we are speaking of short term disability insurance, the company's obligations are primarily determined by contract, as supplemented and interpreted by applicable law. It is difficult to determine from the facts given whether or not a preexisting condition may have been involved. Regardless, a case to obtain any benefits that you are entitled to may be complex and very dependent on the particular facts of your situation. It may be wise at this point for you to speak with a qualified attorney who can tell you if you have a viable case.
Answered on Feb 05th, 2013 at 11:41 AM