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Disability Law
Former Wilson Elser partner didn’t show chronic fatigue entitled him to disability coverage, judge says
A former nonequity partner at Wilson Elser Moskowitz Edelman & Dicker is not entitled to long-term disability benefits because he failed to show that his chronic fatigue syndrome was so severe that it kept him from performing the regular duties of his job, a federal judge has ruled. (Image from Shutterstock)
A former nonequity partner at Wilson Elser Moskowitz Edelman & Dicker is not entitled to long-term disability benefits because he failed to show that his chronic fatigue syndrome was so severe that it kept him from performing the regular duties of his job, a federal judge has ruled.
U.S. District Judge Cristina D. Silva of the District of Nevada ruled against Las Vegas lawyer John Scott Burris in a Feb. 9 opinion, Law360 reports.
Burris had sued the First Reliance Standard Life Insurance Co., which denied his claim.
“We will be appealing swiftly,” Burris told the ABA Journal.
Burris worked at Wilson Elser from October 2010 through December 2018. Although medical records indicated that he suffered from depression and anxiety as far back as July 2015, it does not appear that the conditions affected his employment at the time, according to Silva.
In the years that followed, however, Burris’ physicians documented his complaints of career-related stress, depression, exhaustion, headaches and nausea. He twice applied for short-term disability benefits.
Burris’ doctor said he diagnosed Burris with chronic fatigue syndrome after the lawyer experienced six months of chronic fatigue between December 2018 and May 2019. The physician said his prior diagnoses of depression were preliminary.
The physician said Burris had flu-like symptoms and conditions related to exertion, including anxiety, vomiting, agitation, hopelessness, anger and fear.
The First Reliance Standard Life Insurance Co. began processing Burris’ long-term disability claim in May 2019. The policy said for coverage to kick in, the disability must be total and must be due to sickness or injury covered by the policy. Claimants were required to submit satisfactory proof of the disability. The policy also limited benefits to two years if mental disorders caused or contributed to the disability.
In a letter to Burris, the First Reliance Standard Life Insurance Co. said the demands of his particular job may be “so insurmountable” for him, but that might not be the case elsewhere.
“The medical information in your file does not reflect a level of impairment that would render you incapable of performing the material duties of your occupation in a less busy, less demanding litigation firm,” the letter said. “In such cases, the individual cannot be considered disabled from their occupation but rather, the individual merely needs to look for a less stressful work environment in which to perform their occupation.”
Silva agreed with the insurer’s assessment.
“There is nothing in the record indicating that he could no longer perform the material duties of his regular occupation as a result of his chronic fatigue syndrome diagnosis, other than his own subjective self-assessment and support letters from his wife and mother,” Silva said.
In addition, Burris’ chronic fatigue diagnoses by a physician “is entirely based on Burris’ self-reported symptoms,” Silva said.
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