Employee Prevails In Disability Insurance Dispute
Posted by Courtroom View Network on Fri, Aug 27, 2010 @ 12:57 PM
In Bosetti v. US Life Insurance, an assistant principal asserted that the Palos Verdes Peninsula Unified School District's long-term disability insurer should have covered her disability claim based on degenerative back disease and depression.
Plaintiff attorney Tyron Sheppard told the jury that Linda Bosetti's disability began in January or February of 2003, when Ms. Bosetti was 57 years old, and that she should have received two-thirds of her salary, plus cost-of-living increases, from the onset of her total disability until age 65.
"The evidence will show," said Mr. Sheppard, "the claims adjusters decided that despite the evidence...of physical disability, these claims adjusters -- and the evidence will show that those adjusters were not medical doctors, had no medical training, merely administrators of a claim -- they decided...that Ms. Bosetti's disability was purely mental," that she had no physical pains or conditions that contributed to her disability, and therefore she was entitled to only 24 months of disability benefits under the policy.
For the defense, Wilson Elser's Michael Brisbin told the jury that the Ms. Bosetti had only mental, not physical, complaints on January 2, 2003, and on January 13, 2003 she was advised that she was being laid off, effective March 3, 2003. Further Ms. Bosetti's medical diagnosis on January 22, 2003, included no physical components. On January 23, Ms. Bosetti turned in her keys and began administrative leave. According to Mr. Brisbin, no fibromyalgia or other physical impairment was diagnosed prior to the termination of her employment.
The jury found that physical problems contributed to Ms. Bosetti's disability before March 3, 2003, and that she continued to be totally disabled after March 26, 2005. The jury awarded Ms. Bosetti approximately $150,499.43.
Watch CVN's webcast of Bosetti v. US Life Insurance.