at Allen, Flatt, Ballidis and Leslie, our Orange County personal injury lawyers have a strong track record of winning cases throughout Orange County, Los Angeles County, San Diego County, San Bernardino County, Riverside County, Kern County and Ventura County.  We have listed some of our Southern California accident case results in this section.

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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Disability benefits for back injury wrongfully denied.

A consumer services manager for a wholesale company, 44 years old at the time, developed long-term pain in her back, which prohibited her from sitting for more than 5 minutes at her job. She had degenerative facetjoint disease, which despite surgical and injection procedures, did not resolve her condition. The doctors determined her to be permanently disabled. 
 
Thereafter, Teresa Ettel applied for disability benefits with her insurer, Unum Life insurance Company. Unum has been known to deny disability coverage in many cases, and this case was no exception.  Unum, despite the reports of the doctors, denied she was disabled.
 
After submitting more letters from her treating physicians and an independent reviewer, and with the insurer steadfastly denying her claim, she brought an action for breach of contract, bad faith, and consumer protection violations. During the pre-trial phase, Unum brought a summary judgment motion arguing that they had acted reasonably rather than arbitrarily and capriciously. Under federal ERISA law, the only complaint you can bring against a carrier is an action that alleges they acted arbitrarily,  A federal judge denied their summary judgment motion noting that Unum had a history of denying valid claims, and all but one reviewing medical professional relied upon by Unum were employees by Unum. The court also found in the summary judgment hearing that the defendants ignored objective medical findings and letters from friends explaining the difficulties she experienced in personal activities because of her pain.  
 
Thanks to the hard work of Seattle attorney Frederick Langer, the case was settled for payment of past benefits and an agreement to pay monthly disability payments thereafter. Unfortunately, Mrs. Ettle has to pay the attorney to obtain the rights that she should have been paid.

ERISA however does not provide for the payment of attorney's fees when companies wrongly deny benefits, a tragedy in most cases. If you have a disability claim, or an insurance company is treating you unfairly, call us at 1-866-981-5596. We'll help you get the insurance proceeds you deserve.




James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for 25 years.

 If you need assistance or want to speak to an attorney about your accident or injury,
call 1 866 981-5596 or contact
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