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my wife was on LTD as a result of a stroke and how now resumed her return to work (she was off work for 15 months). She has been back at work for 6 weeks and is currently doing 3 days per week in her previous role and hopefully continuing to increase her weekly hours. I'm wondering what happens if she's medically unable to return to a full 40 hour work week. If 3 days per week is all she can do how does that impact her compensation? Would she be compensated 100% even though she only actually worked 60% (3 days) each week? would her employer or insurance be responsible for the remaining 40%? We're not clear on what this scenario would look like and her employer isn't really providing much clarity. thank you.
Your wife's LTD policy would determine if the insurer has an obligation to continue payments if she's working in a part-time capacity. You can ask the case manager to provide you with a copy of this, or ask if there is a partial disability provision or any specific provision that is applicable in your wife's situation.
Unfortunately, if the policy doesn't provide for such, then there wouldn't typically be a way to make either parties pay for the difference.
I'd suggest reaching out to the case manager first, and if you have further questions or concerns, please contact our disability specialist, Rebecca, and she will review with you (at no charge) - rebecca.stap@stlawyers.ca
Unfortunately, if the policy doesn't provide for such, then there wouldn't typically be a way to make either parties pay for the difference.
I'd suggest reaching out to the case manager first, and if you have further questions or concerns, please contact our disability specialist, Rebecca, and she will review with you (at no charge) - rebecca.stap@stlawyers.ca