Employee Survival Guide®

S2 Ep20:The Man Who Lost His Voice Box and His Career


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In this episode of the Employee Survival Guide, Mark shares a real life story about a successful executive who lost his voice box due to cancer and then lost his career.  Mark guides us  through the initial stages of the employee's successful career until he was diagnosed with throat cancer.  Once the employee lost his ability to speak, his employer intentionally discriminated against the employee in an attempt to force him to quick his job. The employee took a leave of absence under the ADA and the FMLA and was able to reach a successful settlement with the employer.  Mark notes the employee was able to carve out of the settlement the employee's ongoing short and long term disability benefits; he did not waive his claims for STD and LTD benefits.  Mark then describes the difficulty and illegal actions taken by the disability benefits insurance carrier to claim the employee had an anxiety disability and not a physical disability, the loss of his voice box.  Mark describes the administrative process the employee followed to eventually obtain an award for LTD benefits for his physical disability, the loss of his voice box.  Mark concludes by summarizing the multi-layered process that every employee must follow to deal with employment discrimination and unlawful actions by a disability carrier to deny disability benefits.  The employee successfully complained of employment discrimination, obtained a sizable settlement and then proceeded to challenge his disability benefits denial and won.  All of these actions were accomplished without the need for filing a lawsuit or costly litigation in court.

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For more information, please contact Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship.  Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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Employee Survival Guide®By Mark Carey

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