If you are filing a claim under your employer’s disability insurance policy, be sure that you read the terms of that policy. Employees need to know exactly what kinds of medical examinations their employer can require. If your employer tries to make you get an examination that is not included in the terms of their insurance policy, you may not be required to comply. Recently, the United States District Court of Maryland held that an employee who filed a claim for disability benefits under his employer’s policy was not required to submit to a mental health exam. The court based its ruling on the fact that the policy only included a section on physical examinations. The policy stated:
PHYSICAL EXAMINATIONS
We, at our expense, have the right to have you examined as often as is reasonable while a claim is pending. The policy did not include any mention of psychiatric or other mental health exams. The policy also did not have any headings for mental health examinations. Therefore, the employer could only require examinations that were specifically included in the policy. The court said:
Nowhere in the caption or the below text does the policy specify that the insured may be forced to undergo a mental examination. Moreover, although the caption is followed by more general language that the insurer has “the right to have [the insured] examined as often as is reasonable while a claim is pending,” this language is limited by the caption. Finally, if an insurance policy is not clear, the policy will be read with the best interests of the employee in mind and against the interests of the insurance company and employer. Employees, you need to know the terms of your employer’s disability insurance policy. Do not allow yourself to be subjected to anything more than what the policy specifically requires. If you are filing a claim for disability benefits and have questions about your employer’s insurance policy, the attorneys at Lebau & Neuworth may be able to help. We are experienced in dealing with these types of cases. For more information go to: http://lebauneuworth.com/.
