A former Davis Polk & Wardwell LLP attorney lost her lawsuit seeking disability benefits from First Unum Life Insurance Co. based on exhaustion and fatigue she experienced after sustaining injuries in a car accident.
First Unum properly determined that the attorney wasn’t entitled to disability benefits based on symptoms that appeared to predate the minor collision she experienced in 2022, Judge Alvin K. Hellerstein said. The lawyer testified “credibly and with conviction for several hours,” but she showed no symptoms of severe headaches, problems focusing, or an inability to “endure the discipline of a day at the office,” Hellerstein said ...
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