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I have been 8n receipt of LTD benefits through my employer for 11.4yrs and recently discovered that the reason my payments were so low was due to my employer's submission form be8ng filled out incorrectly. They put a lower wage rate fir my last day worked. I reported this to Canada Life and provided them with a freshly obtained payroll document from my employer to support my claim. Canada Life then reached out to my employer telling them my claim was adjudicated under a different job title I hadn't stepped foot in in over 8 months and guided my employer to say wether or not I owned that job rather yhan verifying that the incorrect wage rate was placed directly 9n the contract next to my last day worked. My employer then sp7n a ridiculous story about how they filled out the contract based on my owned position and not the position I was working fin for 8 months and actively held at the time I was injured/disabled, they completely glossed 9ver the fact that they wrote an incorrect earnings baseline on the contract and even though I provided them all with several supporting documents inclusive of WSBC communications they completely ignored everything. They all aknowledge I became disabled during the course of my job as an LW3 but refuse to aknowledge the wrong wage rate. I finished off the conversation which was of course all via email by providing my original acceptance letter also acknowledging my own occupation for the purpose of my claim as a laundry worker and firmly requested they correct the contract that they signed stating the information was accurate as it was clearly in no way accurate. Now, Canada life is trying to tell me that regardless of the several documents throughout time confirming, I was a laundry worker.\n The only clerical error was apparently that they accepted my own occupation as a laundry worker in the original acceptance letter. Can they actually do that? This has caused me so much grief throughout these past 11.4years as they are offsetting my WSBC payments by 100% for the identical injury but WorkSafeBC pays 90% of 19.76 and Canada Life is only paying 70% of $17.63 claiming that I am a disabled foodservice worker while acknowledging I was disabled during the course of Laundry job. My wageloss started effective February 16 which was my scheduled day off ( Feb 16, and 17) the employer is using Feb 18 as my date of disability and claiming that I now owned the lower job wage rate regardless of being disabled in the higher paying job and not having stepped foot in the building after my last shift worked as a laundry worker Feb 15th making 19.76hr. Can they really csay my pre-disability earnings were derived from a job that I hadn't even performed on a day that was already covered by wageloss tied to my Pre-Disability job? And that the error wasn't the fabricated wage rate written next to my last day worked but rather it was the own occupation definition in their acceptance letter?
I worked as an electrician and was injured (not work related injury) and ended up being on LTD at the age of 26. I am now past the any occupation period, but the problem is my diagnosis, I have a rare nerve condition and chronic pain, and I can no longer do my job or any other job due to my disease and how it is affecting my day to day life, my insurance company is doing everything they can to push me off LTD, including acting in bad faith, I was considering going back to school with accommodations (note taker, extended time, recorded classes, virtual attendance) and make a career switch into something that will enable me to run my own practice at my own pace as I am in my early thirties and I do not feel like I have a purpose at all, I was thinking something like massage therapist, or occupational therapist, physiotherapist, or even a therapist, but the insurance company is not approving this under vocational rehab provision, despite the sole purpose of me going back to school is to improve my life and reach gainful employement. my condition is unstable, and it includes chronic pain, migranes, brain fog and severe insomnia and severe weakness. this is my second request to them in writing and they will not approve it, and they inform me of their refusal by phone. I am considering going back to school even if they do not approve, because I am wasting my life to my illness instead of pivoting around my disability and brain dysfunction, and doing something for my future. Will I be in breach of contract? or do i have enough to say they are acting in bad faith, their comments of me being young and getting back up on my feet soon, their dismissiveness of me wanting written communication, isolating me, lying about things like their assigned therapist and physiotherapist saying no additional intervention needed, vs what the physiotherapist said that he requested additional treatment and the insurer refused to cover it. My drs support me going back to school, but the case manager said if you can go back to school why cant you go back to work. If I go back to school, and they cut off my benefits, do I have reasons to sue them for acting in bad faith?
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