Worker's Comp and Disability Evaluation

Question 1

Biestek v. Berryhill (2019)

Answer 1

A vocational expert’s refusal to provide data underlying testimony during a Social Security disability benefits hearing does not categorically preclude her testimony from counting as “substantial evidence” - case by case basis

Question 2

Black & Decker Disability Plan v. Nord (2003)

Answer 2

companies are not required to defer to the decision of a disability claimant’s personal physician

Question 3

Cleveland v Policy Management Systems Corporation (1999)

Answer 3

Court held that SSDI and ADA claims do not conflict in such a way as to automatically bar anyone from raising them jointly

Question 4

Damascus v. Provident Life and Accident Insurance Company (N.D. Cal. 1996)

Answer 4

Court held that Dr. Damascus did not show a mental disability that caused him to be totally disabled under his policy because he continued to work under the supervision of another dentist and because his license had not been revoked because of mental illness

Question 5

Ervin v. American Guardian Life Assurance Company (Pa. Super. 1988)

Answer 5

doctor hired by life insurance to review medical test owed no duty to the applicant/deceased

Question 6

Massachusetts Mutual Life Insurance Company v. Ouellette (1992)

Answer 6

an optometrist was convicted of L&L, licensed revoked, incarcerated - upon release, he filed a claim seeking disability insurance benefits, asserting that his illness rendered him totally disabled, Court ruled with insurance company

Question 7

Ryans v. Lowell (N.J. Super. Ct. App. Div. 1984)

Answer 7

court found that the psychiatrist owed no duty of care to the claimant, but only to the client, a rehabilitation commission, who was not suing the psychiatrist