A Michigan doctor was denied his disability benefits by one of the largest disability insurers in the country, Unum, and he has filed a lawsuit against them.

Mich. Anesthesiologist Denied Disability Benefits

Plaintiff Timothy O., an anesthesiologist employed by Lakeshore Anesthesia Services, fell down his stairs at home in April 2013.

He suffered an acute hematoma and as a result has had to endure five operations.

According to this anesthesiologist’s denied disability benefits lawsuit, his postoperative diagnoses include acute left subdural hematoma, left mixed hearing loss, semicircular canal dehiscence syndrome with vertigo, unsteadiness and severe left autophony and conductive hearing loss.

The plaintiff suffers from superior canal dehiscence which is a rare medical condition of the inner ear and is a fracture in the temporal lobe.

Because of this, he is very sensitive to loud and chaotic noises, suffers from unpredictable disorientation, dizziness, has hearing loss and a balance disorder.

Timothy attempted to come back to work on May 21, 2013 but was unable. He continued to work until July 26, 2013, at which time he stopped.

He believed that because of his abnormal hearing and balance issues, he is unsafe in the operating room and worried that he could put his patients’ lives at risk. He was not willing to take that chance.

In September of that same year, he applied for long term disability insurance. On February 20, 2015, nearly 18 months later, Unum explained to the plaintiff that he would reach the “maximum duration for benefits due to any mental illness” on September 19, 2015.

This correspondence in this anesthesiologist denied disability benefits lawsuit states that Timothy requested an independent medical evaluation.

On February 20, 2015, the plaintiff forwarded a letter to Unum accusing Unum of “inaccurately labeling him with a disabling diagnosis of mental illness.” He claims he requested long term disability insurance benefits based on his hearing loss.

Even though Timothy requested an independent medical examination, it was never performed. Unum obtained a “paper” independent medical evaluation which said that the plaintiff could perform “light duty work.”

Timothy claims he has not been able to perform his duties as an anesthesiologist. When he was employed, he was required to work 36 hour shifts and when on call, could average 90 hours a week. His job required actions like squatting or lifting in excess of 250 pounds which he cannot perform now.

According to his Unum denied disability benefits lawsuit, the anesthesiologist plaintiff also consulted with a vocational rehabilitation consultant.

In February 2016, the consultant reported,”From a vocational rehabilitation standpoint, [Timothy] has sustained extremely significant vocationally limiting problems.”

It goes on to say that at the Level II Trauma Center that Timothy worked at, he would be unable to perform the substantial portions of his work. The noise level at such a trauma center would be unnerving to the plaintiff and would prohibit him from doing his job.

Additionally, “the fall risk that [Timothy] is confronted with is a danger to himself and to others in an operating room, where major surgeries are being performed. It should also be noted that an anesthesiologist is actively involved in physical demands of the job as it relates to positioning, transferring and dealing with medical emergencies and within the general hospital itself.”

The plaintiff appealed Unum’s decision in April 2016 to end his long term disability benefits based on an independent paper evaluation.

This Unum Denied Disability Benefits Lawsuit is Case No. 1:16-cv-01061 in the U.S. District Court for the Western District of Michigan, Southern Division.