Our Client, Mr. B worked as a Traffic Central Worker II, often for long hours installing traffic sign throughout Broward County. Despite his strong ambition to work, Mr. B suffered disabling symptoms arising from chronic hepatitis-C, which in turn prevented him from continuing the job he maintained for a number of years.
Mr. B made a claim for disability benefits under his group long-term disability policy with Standard Insurance Company.
Mr. B’s group long-term disability policy was issued through his employer, the Broward County Board of County Commissioners, a governmental entity. Even though Mr. B’s policy was issued to him through his employer, because he worked for a governmental entity, his claim for long-term disability benefits was exempt from the Employee Retirement Income Security Act (ERISA), and governed by Florida law.
The long-term disability policy contained the following definition of disability:
“During the Benefit Waiting Period and the Occupation Period you are required to be Disabled only from your own occupation. You are disabled from your own occupation if, as a result of Sickness, Injury or Pregnancy, you are unable to perform with reasonable continuity the material duties of your own occupation.”
Within two months and without so much as having his claim reviewed by a physician, Standard denied Mr. B’s claim for disability benefits.
Mr. B retained Attorneys Dell & Schaefer to pursue Standard for payment of his disability benefits. Attorneys Gregory Dell & Cesar Gavidia have filed a lawsuit in Broward Circuit Court seeking all past due disability benefits, attorney fees, cost and interest.