Denial of Disability Retirement Reversed Stennett & Casino's client was employed by the County of San Diego for over 10 years in a clerical position. She had to stop work because of an injury to her knee resulting from continued banging against a desk when she was placed in an awkward work station. Despite the fact that she underwent 4 unsuccessful knee surgeries that left her with severe standing and walking limitations and severe pain with extended sitting, the County asserted that it could accommodate her limitations and continue to provide her a sedentary position. The County denied the client's [...]
Our client was a financial analyst for a large defense contractor. She had to stop work due to severe symptoms related to her diagnosis of Lupus. Lupus is an autoimmune disease in which the immune system attacks one’s own body. Our client was treated with medication to suppress her immune system, which exposed her to other illnesses and infections which her suppressed immune system could not fight. […]
The City of San Diego provides Disability Retirement Plans to employees that differ from private sector plans. San Diego City employees are provided with two levels of Disability Insurance Benefits: Industrial Disability Retirement – If your disability is work related, you are entitled to greater benefits from the date of disability regardless of your age. Non-Industrial Disability Retirement – If your disability is not related to your employment, you are entitled to benefits beginning at age 55. The criteria for a member to be considered for Industrial Disability Retirement is to be permanently incapacitated by bodily injury or illness caused by their [...]
Our client was 4-1/2 months into her first pregnancy when she was admitted to the hospital in labor and her first child was stillborn.
Our client was mother of an adult son who had suffered from polio his entire life.
The client’s husband left for work one morning in the company pick up truck.
The client purchased his home and Homeowners policy in 1993. The insurance company’s agent placed $180,000 in dwelling coverage on the home without inspecting it. The Homeowner questioned his agent because he had paid much more for the home. The agent assured him that $180,000 was sufficient to rebuild the home and said the homeowner also had nothing to worry about because he had “guaranteed replacement cost” coverage. […]
Our client’s husband died unexpectedly at age 48 following a massive heart attack. The insurance company denied her claim for her husband’s life insurance benefits because he had not disclosed his history of high blood pressure on his life insurance application. […]
The client’s husband died in an auto accident when a faulty gas tank ruptured and fire engulfed his car. The insurance company refused to pay her the accidental death benefits because of an exclusion in the policy for losses occurring when one is driving while under the influence of an intoxicant. Here, an autopsy found morphine in the deceased husband’s blood. […]
Our client’s son died as a result of an accidental drug overdose. The father was the beneficiary on the accidental death insurance policy. Insurance company refused to pay the benefits claiming that the death was not “accidental.” The question came down to whether it was reasonably foreseeable that one would die as a result of taking illegal drugs (in this case heroin). […]