Pros and Cons of Mediation?

Thank you for your response David. Your explanation makes sense to me as to why they would low ball me while WCB is undecided. I am thinking we went to mediation at their request instead of the scheduled discovery because it made more sense to them cost wise. Perhaps, they just could not cancel discovery so asked for a mediation instead.

You are right that it felt good to walk away from them at mediation on one hand, but on the other hand it was also very discouraging and frustrating. I can wait now for the WCB decision because it is not far off. Hopefully, I will win it but I am not too optimistic about that outcome. The insurer will have to negotiate higher from this point if WCB does not come through I suppose so, in hindsight, I guess I won a little that day.

My lawyer did not try to pressure me into taking the settlement and said he would definitely take my case to court. His feeling too is that we need to get more cases to court but, of course, advises of the risk and potential cost to me should I lose. What a crazy system we have for our most vulnerable against the most powerful.

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It shocked me but I won my WCB case.The Tribunal ruled in my favor noting quite a few reasons they were allowing it. Such a relief. I have already received retroactive pay but need to discuss regular beneifts going forward. I had a heart attack since receiving the news I won my case. I am not sure what happens next with WCB as I have yet to meet with them as I recover. I have a Discovery Hearing set with the work LTD insurance coming up but I guess that will be cancelled. I am not sure what happens next. I am hoping my lawyer will get enough out of LTD to pay themselves. I wish someone, WCB or LTD, would take ownership for causing this heart attack. I am not overweight, eat healthy, do not smoke, not an excessive drinker, mind you there is some family genetics. I feel it was all stress related. It just makes me mad that they can get away with so much.

You will need to review this with your lawyer for your LTD case. Normally LTD gets to directly offset any Workers compensation payments, so if the workers compensation payment is equal to or more than the LTD, then the LTD wouldn’t owe anything.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.

Thank you, David. I am pretty sure WCB and LTD would pretty much be the same. WCB is 85% of net and non taxable and LTD is 70% of gross. Just doesn’t seem right that LTD get away with no penalty for treating clients so badly. On the positive side I now have a voice against LTD that I can lend to anyone who needs it or wants to hear it.

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70% taxable that is.

Why would my contingency fee lawyer continue to fight LTD after WCB is ordered to cover? Do lawyers still seek settlement knowing LTD is a 100% offset to WCB? It would mean paying taxes on a settlement I will never get a dime for, in fact, I will have to pay taxes on it. However the lawyer will get his fees and disbursement costs. I know it seems unfair to the lawyer but wouldn’t that agreement end with no cost to client? That is the impression I got from my lawyer when we went to mediation and LTD made a low ball offer because WCB was still on the table. We are now discussing options like reinstatement of LTD but I only have 2 years of that coverage left, for all the good that is. I don’t want to lose my voice for a meaningless ltd coverage. I think I would be better off to pay the lawyer for his fees to date and withdraw my case. He said once in motion you have to go through with the claim to Discovery and/or trial, but my agreement seems to say otherwise. I don’t feel good about this. Any advice would be appreciated. I talked with my lawyer on the phone and sent a message to him addressing all my concerns

I put this in the wrong category initially so this much of this topic is in another space…sorry.

I can’t really answer your specific questions without knowing a lot more facts…that you should not air out on a public forum, but I can say with100% certainty you get to decide what happens with your case. The law societies (which regulate lawyers) are very strict on this. Lawyers work for clients, not the other way around. For example, in Ontario it is mandatory for contingency fee agreements to include a line that says the client makes all major case decisions, not the lawyer. Not all provinces require that to be written in the agreement, but whether its written or not, that is what the law says.

Your lawyers may have very good reasons for recommending the course of action they are recommending; however, at the end of the day all lawyers have a professional and ethical obligation to put the client’s interests above their own.

I have personally lost lots of money having to discontinue cases when it was in my client’s interest to do so. I have also made lots money representing clients in successful cases. This is the nature of contingency fee work. There are always going to be financial losses (from the lawyers perspective).

I am making the above statements in general and am not judging your lawyers, in any way, as they may very well be acting in professional and ethical manner. You should have another sit down with them and discuss your concerns about possible tax liability if there is a retroactive payment of which you don’t see any of it because of the offsets. That scenario is not necessarily going to happen. Your lawyers may be looking to limit your liability for any costs, etc as the insurance company will not always agree to a person dismiss a lawsuit without paying their legal costs. In other cases the insurance companies will agree to dismiss a case without costs. You need to get your lawyers to explain this very clearly to you so you have a handle on what is going on.

You may or may not owe fees or expenses to your lawyer depending on the wording of the agreement you have with them. If it is a contingency agreement, then you should not owe any fees. You may or may not have an obligation to repay them for disbursements they have incurred.

Sorry to hear you have to deal with this stressful situation.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.

Thank you, David. You are very kind to respond to my post. I will not air any further information. Thank you for that too. I will await to hear my lawyer’s response to my concerns via email as it is quite frankly the only way I can keep it straight. If I still have concerns I may seek your services if that is okay.

I was hoping with finally winning WCB that everything would be over. LTD law suit would stop and WCB would kick in, but it is never that easy eh. There is still so much to consider about LTD and a great deal of paperwork with WCB after 3.5 years. I am glad to get covered but trying to get all the expenses together after 3.5 years is a job in itself. Not complaining though, just explaining. It will be good to be reimbursed for those costs. These insurance companies just wear a person down.

Thanks again David. Enjoy your day.

Good Luck, Keep in mind that LTD will only be offset for as long as WCB is actually being paid. Don’t assume because your WCB was approved that it will be approved indefinitely going forward. If WCB ever stopped payments, then your right to LTD would still be there and the LTD payment would kick in. However, this can only happen if you continue to fight for LTD entitlement now via your lawsuit. This may be what your lawyers are fighting for. There is a value to you have an approved LTD claim even if you are not receiving any payments because of offsets right now. An approval of LTD creates a risk of future claim liability for the LTD insurer, even if they don’t have to pay anything right now. This risk of future liability creates a possible settlement value for the LTD case. These are all things to discuss with your lawyers.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.

Thanks again David. Yeah, I know WCB could cut me off at any time and I am kind of expecting it. Are you saying LTD could approve coverage but not pay, until WCB stops and LTD would pay automatically without me applying for and fighting them again. WCB would be kind of like the first payer? Otherwise to get LTD reinstated would mean just 2 years of coverage left so not much value and I am afraid I would wind up having to fight them again. I suppose with any agreement I will have to sign a disclosure statement too.

Is that a hard limit or does the definition of disability change to not being able to do “any occupation”?

My ltd covers 2 years own occupation and then any occupation until 60 years of age so that is only 2 years and 2 months away for me.

The LTD and WCB are separate. If you win approval / entitlement for both, LTD usually does have to pay because of the WCB offset. However, if the WCB payments stop, or the payment amount is reduced, your LTD payment will kick back in to the extent they are not offset by any WCB. However, you need to win the entitlement to LTD now, you can’t wait and fight it at a later date.

Hi Jammer,

Yes, that is a hard limit as I am turning 60 years old and that is when our work insurance expires. I am passed the 2 year own occupation already.

There’s no guarantee WCB would be cut off.
It could go till you’re 65, right?
Plan for the worst but hope for the best. :slight_smile:

Good luck.

I guess best case scenario is to get coverage for LTD reinstated whether I ever use it or not. I sent an email off to the lawyer about negotiating reinstatement of LTD. Hopefully, LTD will reinstate as I see it as the only option that would benefit me at this point.

Thank you, David for making sense out of all of this for me. I feel much more informed and better from having talked with you. If I could turn back the clock and had seen this forum before hiring a lawyer, you would be my lawyer today. I will highly recommend you to anyone facing ltd suits.

Yes, WCB can go to 65, but because my diagnosis changed after the appeal process and before the tribunal hearing (this is when WCB won’t accept new information), I have my doubts they will accept the new diagnosis as work related. I hope WCB continues though but I am prepared if it doesn’t. I can make it now financially. Holly Smokes it feels good to have money coming in. Mentally, I feel so much better, and it does help you physically too because you rest more and worry less. I wish everyone the process was easier and fairer, people just shouldn’t have to suffer and work so hard to get what is owed them.

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I’m glad it is working out for you.

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Just wondering how long this entire process took? My lawyer says I can expect a lawsuit to last anymore from 9-18 months. Is this accurate?

For an LTD appeal: