Denied because of misdiagnosis then took a lower paying position?


#1

My husband used to have quite a high stress position. He has been battling what his MD said was IBS and anxiety for several years but it was manageable. After this last summer being particularly high stress and too many hours he was feeling worse then ever and his doc gave him paperwork to submit to his insurer Industrial Allaiance for some time off work. He was DENIED and so we were left to go with EI. He took the full 15 weeks off on EI and was no better at all however he was the main bread winner for our family of 5 and still hadn’t received a new diagnosis so told his doctor he was going back and it was recommended to start slow and part time and work his way back up to 8 hrs/day and reduce stress as stress aggravated his abdominal issues. He told his employer he could not go back to his management position as it was too high stress and was offered another position at about 50% the salary. Now he is working up to about 4 hrs a day only and this is not working. He is not getting better and now there is so much added stress from the salary reduction and not being able to work a full 8 hrs. We are closer to a diagnosis as he has been referred to a specialist and there are red flags however we don’t have one yet. We want to fight this denial. Should we wait until we have a proper diagnosis? Can we go back and fight this with his original salary we were denied at? Or have we pretty much screwed ourselves over by taking the lower paying job?


#2

Contact Resolute for a free consult:
https://resolutelegal.ca/free-consultation/


#3

Was his position a unionized job? If it was, he should be able to work at the new job with his old wages.


#4

Consult a lawyer ASAP.
If you get LTD now I don’t know if it’ll be at the old or lower salary.
You need a lawyer before you do anything else.
Best of luck.