I’m on LTD. I’m with a major insurance company. I recently got a new case manager. I’ve only spoken to this one 2-3 times but the last time I got a bad feeling. They were twisting my words a lot and not listening. I emailed and requested email communication going forward and they flat out refused. I don’t feel this is reasonable. They’re pretty new to the company.
They wrote “Canada Life’s primary communication for updates are phone calls, hence we will have to contact you via phone. We also use email communication, hence if you are having any concerns or questions, you can send an email. For update calls, you can pre-book the call and be prepared with your current treatment updates before the call.”
What are my options? How can I make it so we start doing written communication going forward? Has anyone else dealt with this? My previous case worker used the phone but they didn’t give off red flags so quickly. I know I should’ve insisted on email a long time ago but I can’t change the past. I’m also coming up to the end of the 2 years and they’re really starting to pressure me to go back to work.
I had issues with my case manager with my insurance company. I was told to ask for email communications only going forward, so I did. I was told they HAD to comply with it and they did. My case worker did try to call me once afterwards and I did not answer. I sent an email response stating I would not be accepting their calls, that they needed to continue with email correspondence only.
This is the email I sent them. ‘I have been advised by my care team, both psychotherapist and Doctors that I should continue to correspond via email only due to the stress it causes me which exacerbates my pain. I understand that you are obligated to comply with this request. Please forward your questions via email.’
The starting point is always that both sides have to be reasonable in the form of communications (email, phone, etc). Neither side can force the other to use a specific mode of communication as a general rule. However, courts will look at what is reasonable in the circumstances. If there are legitimate medical reasons to use one form of communication over another, that is a consideration. I encourage everyone to try to be reasonable and negotiate a compromise where you limit the number of phone calls, but not try to exclude them completely.
David Brannen
Disability Lawyer with Resolute Legal
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