Vernon woman appeals after insurance company ignores doctor, cancels disability benefits

A Vernon woman whose work insurance coverage cut off her long-term disability, contrary to medical evidence, has won the right to have her case reheard. According to a Nov. 28 BC Labour Relations Board decision, Sarah Achuoth had worked as a meat hygiene and agri-food inspector for the BC Ministry of Agriculture and Food until 2018 when she accessed her short-term and long-term disability benefits. The decision said in August 2023 her insurer, Canada Life, determined Achuoth could get different employment and therefore was no longer qualified and cancelled her long-term disability benefits. Achuoth appealed Canada Life's decision through a Claims Review Committee, which is a process set out in her collective agreement. What condition Achuoth has isn't specified but the decision referenced severe chronic back pain unresponsive to medication. READ MORE: Human Rights Tribunal rules Kamloops doctor's medical notes were 'discrimination' https://infotel.ca/newsitem/human-rights-tribunal-rules-kamloops-doctors-medical-notes-were-discrimination/it107314 The decision said in 2022 a vocational rehabilitation consultant assessed Achuoth for possible retraining and employability in the future. At the same time the consultant looked at various training programs Achuoth's doctor noted she'd had a "flare-up" but was improving. Six weeks later the doctor noted that Achuoth had a "recurrent and significant medical condition and had to stop her courses due to intense pain." A month later the doctor reported that Achuoth had not improved and her intense pain flare-up and her chronic pain had impacted her cognitive ability. The doctor noted she would not be able to start education or work for at least another three months. However, Canada Life sent Achuoth a letter that said she wasn't "totally disabled" and discontinued her benefits. READ MORE: Peachland widow wins legal fights after ICBC refuse to pay https://infotel.ca/inwheels/peachland-widow-wins-legal-fights-after-icbc-refuse-to-pay/it107263 The decision said under the terms of the plan, a person isn't considered "totally disabled" if they can do another job at no less than 75% of the rate of pay for their regular employment. The Review Committee said they found two jobs that met this criteria. However, the Labour Board noted that the Review Committee had paid no attention to two medical reports from Achuoth's doctor that said she was unable to consider "any return to work" at present. The Labour Board questioned what the Review Committee's rationale was for reaching a different conclusion than the doctor. The Review Committee pointed to reports done nine months before the doctor's report. The Labour Board didn't buy it. "It did not adequately show its line of reasoning in determining that, contrary to the most current medical evidence at the time, (Achuoth) was not totally disabled from performing the duties of any gainful occupation," the Labour Board said. "The Review Committee... was required to provide a reasoned basis for dismissing (the doctor's) opinion." Ultimately, the Board ruled that Achuoth had not received a fair hearing and ordered another to take place with a different Review Committee. To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .