CIGNA Can’t Deny LTD Benefits Once Confronted with Video Evidence

Our client, Mr. D, was a technician for a large energy company, wherein his job duties involved heavy maintenance duties. He suffered a stroke in March 2007, was hospitalized, and underwent extensive rehabilitation and physical therapy to learn to walk and function again. CIGNA paid disability benefits for just over 2 years, until it wrongfully terminated benefits, claiming that Mr. D was again capable of working. In support of its decision, CIGNA relied upon a two and a half hour Functional Capacity Evaluation (FCE), which reported that Mr. D could return to full time work. Despite the fact that FCE confirmed his dizziness, vertigo and continuing symptoms, CIGNA determined that he could return to work as a customer service clerk or a telephone clerk.
Mr. D advised Cigna that he was unable to perform these occupations because, among other things, the stroke had impaired his vocal cords. However, Cigna ignored this impairment. Finally, we filmed a video of our client attempting to perform some of the tasks which Cigna claimed he could do. Based upon this film and the medical evidence we submitted in support of the claim, Cigna reversed its claim decision and approved Mr. D’s continuing benefits.

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