Susan Knight has not been able to work with any reasonable continuity since February 1, 2006 due to a litany of disabling conditions pertaining to her neck. Sun Life Insurance Company does not agree. The medical conditions that preclude her from working either at her own or any occupation include but are not limited to the following:

  • cervical spondylosis
  • neck and back pain caused by a C5-C6 collapse
  • C6-C7 cervical decompression and fusion
  • lateral mass plating from C4-C7
  • episodes of cognitive difficulty which lead to significant impairment of concentration and memory loss
  • carpal tunnel syndrome
  • anxiety
  • depression

Ms. Knight filed a long-term disability benefit claim with her long-term disability insurance company, Sun Life Assurance Company of Canada (Sun Life), in order to receive long-term disability benefit payments to replace lost income as result of her being completely and totally disabled.

Sun Life denied her claim and is now facing an ERISA lawsuit filed by Ms. Knight and her Florida long-term disability lawyer. Ms. Knight’s case is pending in Duval County Circuit Court. Ms. Knight’s Florida Disability Attorney decided to file this case in state court, but it will definitely be moved to Federal Court by Sun Life’s attorney. This will cause a brief delay in Ms. Knights case. In order to avoid any unnecessary delays we always file in Federal Court whenever possible.

Ms. Knight does not specify the exact nature of her neck problems, but there are a number of factors that contribute to the type of disabling conditions Ms. Knight listed in her civil complaint.

Cervical spondylosis is a degenerative neck disorder that causes the cartilage in the neck to wear out more quickly than normal. As a result of the cartilage wearing thin, osteoarthritis sets in along with the possibility of growth spurs emerging on the vertebrae. These growth spurs can be detected by CT scan, X-ray or MRI. Treating cervical spondylosis can be as simple as prescribing physical therapy or pain medication. However, some cases can be severe enough to require surgery to fuse vertebrae together or remove the growth spurs from the vertebrae so that pressure on the spinal cord is relieved. As a complication of severe cervical spondylosis, complete and total disability can occur.

Carpal tunnel syndrome was also mentioned by Ms. Knight in her civil complaint against Sun Life. Even though the extent of Ms. Knight’s carpal tunnel syndrome isn’t specifically stated in her complaint, there are some common causes and symptoms that people with carpal tunnel have. Carpal tunnel syndrome comes about by pressure placed on the median nerve (the nerve located in the wrist that provides movement and feeling in the hand) that occurs as a result of repetitive hand motion. Carpal tunnel can cause tingling in the hand and pain that can extend to the elbow, thus causing a person’s hand to become weak. Carpal tunnel can be treated in a number of different ways depending upon the severity of the case.

  • ergonomically friendly keyboards, mouse pads, or other devices that help alleviate the pain from repetitive hand motion
  • pain medication
  • surgery

Ms. Knight also states in her complaint that she has anxiety and depression. Depression and anxiety, in this type of situation, can come as a result of the continued feeling of hopelessness over the symptoms not subsiding for one or more disabling conditions. Again, Ms. Knight does not specify the extent of her anxiety or depression. She only states that her anxiety and depression were part of what contributed to her long-term disability benefit claim.

According to her complaint against Sun Life, Ms. Knight stated she provided Sun Life “with the applicable claim for benefits and has otherwise performed all conditions precedent to entitle [her] to recover under the policy.” Since Sun Life has refused to pay Ms. Knight long-term disability benefit payments, Ms. Knight is exercising her right under ERISA to bring a civil complaint against Sun Life in a court of law. Ms. Knight asks the court to award monetary damages to her caused by Sun Life along with all costs associated with this litigation.