Lawsuit in Michigan highlights Post-COVID-Conditions as insurers push back on coverage for new illness category
Employee benefits attorney seeks contractually obligated coverage from The Hartford insurance company for client’s long-term-disability
Media Contact: Barbara M. Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; J.J. Conway; jj@jjconwaylaw.com; 313.961.6525
Royal Oak, Mich.—January 3, 2024—National employee benefits and ERISA attorney and litigator John Joseph (J.J.) Conway of Michigan-based firm J.J. Conway Law announced today a lawsuit has been filed against The Hartford Life and Accident Insurance Company for denying contractually promised long-term disability coverage to his client, a former healthcare administrator suffering from Post-COVID-Conditions (PCC) rendering her unable to work. The complaint alleges that insurance companies are fearful of adding another category of illness to drive new claims. In response, they are reflexively denying legitimate claims for those with Post-COVID-Conditions.
“Our client was not even examined by a physician with The Hartford. As a result, they mixed up her claim with someone else’s. It didn’t matter to the company, though, because it was a Post-COVID-Conditions claim,” Conway said. “A company with $22 billion in revenues in 2022 certainly has the resources to provide a physical exam; but they also have the resources to fight it to the highest level, and we are ready to take them on.”
Conway said that in addition to four different medical treaters, the plaintiff underwent two independent examinations conducted by two different experts – a physical medicine and rehabilitation physician and an expert in vocational rehabilitation. Both concluded that his client, who had COVID in 2021, suffers with PCC symptoms including seizures, memory loss and digestive issues. Once a beloved administrator who looked out for the patients in a long-term care facility, the woman is now being cared for by her own mother, who has moved in with the family. The independent experts confirmed the opinions of the client’s treating doctors.
“My client would like nothing better than to return to work, but she is physically unable to do so,” Conway said. “Adding to her illness is the stress over lost income—which she thought was protected through her long-term disability policy. She is desperate to obtain the coverage that is owed her. The Hartford cannot hide from the fact that an insured employee benefit is a contract between individuals, their employer and the insurance company.”
Carving out a niche to establish employee benefits litigation as a complex subspecialty of employment law, Conway is a nationally recognized trial attorney advocating for employees facing benefit disputes involving disability and health insurance and ERISA-protected pensions and 401(k) accounts. Among his many individual and class action wins, Conway served with a team of attorneys to secure millions in funding for Michigan Medicaid families to receive essential treatment for children with autism, as well as working to ensure coverage access for military retirees and their families facing similar challenges.
About J.J. Conway Law
J.J. Conway Law, an employee benefits litigation and ERISA firm founded by John Joseph (J.J.) Conway in 1999, represents those seeking full access to the employee benefits they earned and are legally entitled to. The firm has been involved with nationally significant employee benefit, disability and pension cases, including class action lawsuits for such landmark decisions as requiring Michigan private insurers to cover autism health treatments for children through age 18 and protecting the pension rights of City of Detroit employees, police and firefighters as well as Wayne County employees by holding their trustees accountable for investment decisions. The firm’s motto, Conquer Tomorrow®, is dedicated to making the future easier for their clients across the United States. Learn more on the firm’s website.