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Hi I'm attorney Gregory down I'm here with Rachel altars, and today we're going to discuss what is ironically our third case this week when we're talking about a decision from Mutual of Omaha also known as United Omaha where they denied a claim during the any occupation stage went to litigation and the court overturned their denial, so this pattern is becoming troublesome from Mutual of Omaha because we're seeing so many claims reversed by them that I think they're just figuring let's deny the claims see if people will sue us and then take our chances in court right, but this case is awful just because of what you'll get into talking about the qualifications and experience for this particular claimant to work based upon their injuries so give us some background about this case and tell us a little about this person's occupation and what they were disabled by sure this is a gentleman who was a welder, and he is job requirement was lifting 40 pounds or greater, and he became injured got a spine injury and was no longer able to lift, so he went out on disability, and he was paid for 24 months by Mutual of Omaha under the own occupation so they initially and the decision changed correct, so they ended up denying him under an ENAC review and when they did the Antioch review they hired a peer review doctor and a vocational consultant to render an opinion whether he could do any other jobs so what the vocational consultant came up with is they said that he was able to do five or six different jobs he could earn X amount of money and the court said well this doesn't seem to jive because the vocational consultant wasn't given all the right information this is a man who does not speak English he only spoke Arabic, so it's very difficult for him to do any other jobs other than labor jobs where he could do heavy lifting the problem is he can no longer do let heavy lifting because he injured his spine, so essentially there were no other jobs he could do in economy the other thing that was interesting about this claim is that Mutual of Omaha basically ignored all the findings of what his treating doctor said and just relied on the review that they're reviewing doctor did take the reviewing doctors record sent it to the vocational person and said oh look these are the restrictions limitations he may, he has which they basically said were next to none what jobs can he do right and the vocational consultant threw back like ten different jobs of which this person couldn't do it all don't do any of them actually one of the jobs of vocational consultant suggested as a job that doesn't even exist anymore, and they were looking at wage requirements that were well below what was in you know the policies, so it was pretty much a very unfair and rock review, but I don't even think the vocational consultant didn't know that he can't, he can't read English he's illiterate no he can't write, and he can't speak English so how many jobs in this region where he was at was he...
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