What does “total disability” mean?

May 04, 2007, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

When a disabled person has a disability insurance claimed denied by the disability insurer, a significant issue that arises is whether the injured person continues to qualify for disability insurance when the definition for disability changes to a "total disability from any occupation" definition.  This change in definition generally occurs at the 2 year mark although a disability policy could change the definition at 12 months.  It is generally accepted by the courts that total disability does not mean that the disabled person is not entitled to the benefit if the disabled person is so sick that he can take on only trivia or inconsequential work, or work for which the disabled person is overqualified, or work for which he is completely unsuited by background.  A person would be considered not to be totally disabled from engaging in any occupation if the disabled person´s condition would enable the person to enter into an occupation reasonably comparable to his old occupation in status and reward, and reasonably suitable in work activity in light of the disabled person´s education, training and experience.

Posted under Personal Injury, Disability Insurance

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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