Dr. Ash Bender

The defendant employer brought a motion for summary judgment to dismiss the plaintiff employee's action for long-term disability benefits, arguing the claim was statute-barred and an abuse of process due to a prior grievance settlement.

The defendant also sought a contempt order against the plaintiff's counsel for allegedly sharing a mediation brief.

The court dismissed the summary judgment motion, finding a genuine issue for trial regarding when the limitation period was triggered, as the parties' conduct and settlement agreement suggested the claim was still under review.

The court also dismissed the abuse of process and contempt motions, noting the settlement did not finally determine benefit entitlement and no court order was breached.

The union grieved the insurer's decision to terminate the complainant's long-term income protection (LTIP) benefits.

The insurer had determined that the complainant was no longer totally disabled and could return to work.

The arbitrator reviewed extensive medical documentation, including independent medical examinations and reports from treating physicians, which diagnosed the complainant with chronic pain syndrome.

The arbitrator found the complainant to be a credible historian whose subjective reporting of debilitating symptoms was supported by her treating physicians.

The arbitrator concluded that the complainant was unable to perform the essential duties of any occupation for which she was reasonably fitted, and therefore met the definition of total disability for the 'any occupation' period.