Question

I can perform my job functions, but I can't get to work due to my disability. Can MetLife force me back to work?

Asked on February 2nd 2016 by Amy
I’m 48 yrs old and had total knee replacement surgery on Oct 20th. As a result of the nerve block, my femural nerve is now dead. I can’t lift my foot or move my leg at all. I can’t walk at all w/o a walker, and even at that, it’s a short distance as I drag my foot and leg behind me. I can’t go up and down steps, and I can’t sit for longer than 20 minutes at a time. My problem is this….I work 1 hour and 20 minutes from home, there’s no handicapped parking at my building, and I work on the 17th floor. I have a desk job, so I can perform my job functions, the problem is, I can’t get there. I need to stand every 20-25 minutes, which is impossibly w/ the long trip to and from work. There’s no way I can park at a parking garage 2 city blocks away and drag myself thru the city. And God forbid I get up to the 17th floor and there’s a fire. I can’t go down 17 flights of stairs down the fire escape. MetLife is ready to deny my claim and force me back to work. Where do I go from here?

Answer

Answered on February 3rd 2016 by Attorney Stephen Jessup

Amy, one large concern, which I am sure MetLife is eluding to, is a body of case law that indicates getting to work is not a material duty of work. Please feel free to contact our office to discuss your claim in greater detail.