Published by The Pellegrin Firm February 15, 2020

In a recent case out of Florida, the U.S. Court of Appeals for the Eleventh Circuit found for a disabled dentist in his claim against his long-term disability insurer, Reliance Standard Life Insurance Company. The claimant suffered a herniated disc and spinal stenosis in a car accident, but he continued to try to work for three years. After approximately a year and a half of treatment, the dentist stopped treating after his treating orthopedic surgeon and neurologist told him his only further treatment option was a major surgery that could have serious side effects.

Eventually, after he started having trouble holding tools and standing in the proper position to examine patients, the claimant’s doctor told him he would have to change professions. Obviously, considering the amount of time he spent becoming educated as a dentist, he would not be able to make as much money doing something else. Therefore, his disability claim was quite large.

Reliance Standard’s retained doctor stated the claimant should be able to still work as a dentist, cruelly stating that he would be in pain whether he was working or sitting at home. In addition, the insurance company alleged a lack of objective evidence and pointed to the long gap in treatment. The district court and court of appeal found that there was ample objective evidence of pain, there was a good reason for a gap in treatment (a risky surgery was the only option left), and that the claimant should not be punished for trying to work through his pain until it was no longer safe. The case is Kaviani, DMD v. Reliance Standard Life Insurance Company, No. 19-11798__F.Appx__, 2020 WL 506551 (11^th Cir. Jan 31, 2020).