In this episode of the Employee Survival Guide, Mark shares a real life story about a successful executive who lost his voice box due to cancer and then lost his career. Mark guides us through the initial stages of the employee’s successful career until he was diagnosed with throat cancer. Once the employee lost his ability to speak, his employer intentionally discriminated against the employee in an attempt to force him to quick his job. The employee took a leave of absence under the ADA and the FMLA and was able to reach a successful settlement with the employer. Mark notes the employee was able to carve out of the settlement the employee’s ongoing short and long term disability benefits; he did not waive his claims for STD and LTD benefits. Mark then describes the difficulty and illegal actions taken by the disability benefits insurance carrier to claim the employee had an anxiety disability and not a physical disability, the loss of his voice box. Mark describes the administrative process the employee followed to eventually obtain an award for LTD benefits for his physical disability, the loss of his voice box. Mark concludes by summarizing the multi-layered process that every employee must follow to deal with employment discrimination and unlawful actions by a disability carrier to deny disability benefits. The employee successfully complained of employment discrimination, obtained a sizable settlement and then proceeded to challenge his disability benefits denial and won. All of these actions were accomplished without the need for filing a lawsuit or costly litigation in court.
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