Understanding Long-Term Disability Buyouts

Posted on by Graham Taylor Posted in Long-Term Disability, Insurance Denials

The intent and purpose of long-term disability (benefits are to provide financial protection and income replacement to individuals who are unable to work for an extended period due to a disabling illness or injury. Unlike short-term disability or sick leave benefits, LTD benefits are designed to support individuals whose medical conditions prevent them from performing the essential duties of their occupation—or, in some cases, any occupation—for a prolonged duration. The overarching goal is to ensure that disabled individuals can maintain a basic standard of living and financial stability while focusing on recovery or long-term management of their condition by providing these individuals with a guaranteed monthly benefit to support them financially through a difficult time.

While long-term disability benefits are often, as the name implies, long-term, sometimes insurance companies will attempt to close an ongoing claim without denying a disability by offering an insured a buyout of their long-term disability … Continue reading

The Impact of B.C.’s New Sick-Note Ban on Short-Term and Long-Term Disability Claims

Posted on by Ben Tarnow Posted in Long-Term Disability, Short-Term DisabilityTagged , ,

British Columbia has moved to eliminate the routine doctor’s note for short-term sick leave. Under Bill 11, recent amendments to the Employment Standards Act [RSBC 1996] CHAPTER 113 clarify that employers cannot require a physician’s sick note for brief illnesses.

For lawyers handling short-term disability (STD) and long-term disability (LTD) claims, these changes raise important questions. How will the lack of mandatory sick notes for short absences affect the evidence supporting insurance claims? Will insurers adjust their documentation requirements? And how should litigation strategies adapt in light of this development?

Background: B.C. Bans Sick Notes for Short-Term Leave

B.C.’s new law represents a significant shift in employment standards. Prior to the change, employers could ask for “reasonably sufficient proof” of illness, which often meant a doctor’s note​.

Bill 11, introduced by Labour Minister Jennifer Whiteside in April 2025, amends the Employment Standards Act to prohibit employers from requesting a … Continue reading

Genetic Testing and Insurance Denials: What the Genetic Non-Discrimination Act Means for Canadians

Posted on by Brian Jacobson Posted in Insurance DenialsTagged ,

As genetic testing becomes increasingly accessible and integrated into modern healthcare, it has also raised complex legal and ethical questions, particularly in the realm of insurance. In Canada, the Genetic Non-Discrimination Act (GNDA), enacted in 2017, plays an important role in protecting individuals from being compelled to disclose genetic test results, especially in the context of employment and insurance relationships. But what exactly does the GNDA mean for insurance underwriting and the denial of insurance claims?

This interesting question came to our attention after reviewing an article posted by BRCAinBC, an organization that brings attention to and assists British Columbians affected by the BRCA gene mutations and associated hereditary cancer syndromes. Their article “What Can I Do If I Suspect Discrimination Due to a BRCA Gene Mutation” looks at potential discrimination due to an individual’s genetics, what implications that might have in the insurance realm, and potential remedies … Continue reading

Relief from Forfeiture & Long-Term Disability Claims

Posted on by Brian Jacobson Posted in Long-Term DisabilityTagged ,

Relief from forfeiture is an equitable legal remedy that can help insureds when they lose their insurance benefits and/or coverage due to imperfect adherence to the terms of their policy.

What is Forfeiture?

While the concept of “relief from forfeiture” is a common phrase in the area of insurance law, very rarely do people ask what forfeiture itself is and in order to understand the concept of relief from forfeiture, you first need to understand that concept.

Generally speaking, the word “forfeiture” refers to the loss of something as a penalty for doing something wrong or failing to do something you should have done. In the insurance context, forfeiture occurs when an insurance company denies a claim based on specific policy provisions which were not met by the insured. In denied long-term disability claims, this often involves situations where the insured fails to comply with policy requirements … Continue reading

Long-Term Disability Denial Claims for Teachers

Posted on by David Goldberg Posted in Insurance Denials, Long-Term Disability, Long-Term DisabilityTagged , ,

In British Columbia, long-term disability claims are typically governed by the Insurance Act and the specific terms of insurance policies. Teachers often have coverage through their employer’s group insurance plan which outlines the eligibility criteria, the definition of disability, and the process for making a claim. The definition of “disability” can vary significantly between policies and often an insurance plan will require that the individual be unable to perform their own occupation for the first two years of disability and thereafter that they be unable to perform any occupation in order to qualify as “disabled” under the policy.

Common Injuries & Conditions Leading to Teacher Disability

Performing your job as a teacher can have different requirements depending on the age of your students and the subject matter(s) you teach.

As with anyone working a job, teachers can be subject to the same illnesses and conditions that can lead to disability … Continue reading