How have the courts in B.C. dealt with long term disability claims in the context of long-term arthritis?
British Columbia, Canada
The following excerpt is from Demuynck v. Agentis Information Services Inc., 2003 BCSC 96 (CanLII):
Counsel for the employer relied on MacLellan v. H.B. Contracting Ltd. [1990] B.C.J. No 935 (S.C.). In that case the employee, a labourer/supervisor, hurt his ankle in a work-related accident in 1980. By late 1984 arthritis developed. He had surgery and was off work five months. During that period, he remitted short term disability benefits to the company which continued to pay his full salary. He returned to work in 1985, but after an extended Christmas vacation told the employer in early 1986 he wouldn’t return to work until his doctor “gave the okay” and that he couldn’t say “when I might be back”.
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