Case Studies - Disability Insurance Case 2

Disabled Dentist Case Settlement Exceeds $1.5 Million

Our client was unable to continue practicing dentistry on a full-time basis due to the mal-union of a severed clavicle suffered in a bicycle accident. The injury could not be repaired by surgery or other means and caused pain whenever our client was required to maintain certain positions in performing dental procedures on patients. The insurer argued that (1) the insured had employees who could perform procedures that he said he could no longer perform; and (2) that it had surveillance videos showing him exercising, weight lifting and carrying bags of groceries to his car. If he could do these things, said the insurer, he could perform dentistry.

We responded with medical and functional capacity opinions and information in testimony presented by our client’s former colleagues and employees showing that our client could not maintain the positions required in his dental practice without experiencing pain in the process. He could not even take pain killing drugs without the side effects impairing his performance.

The case settled during trial in excess of $1.5Million.