{3:50 minutes to read} Attorneys who represent dental practitioners in long-term disability (LTD) claims must be prepared to thoroughly understand the interplay between their occupational duties, policies, and disabling conditions—conditions which will prevent or limit the practicing dentist from performing the precise, physical demands of the profession.
A successful result can only be achieved by gathering the necessary documentation and paying attention to the following contributing factors that influence these claims:
1. The challenging physical requirements of performing dental work,
2. The practitioner’s various disability policies, ownership and shareholder agreements, and
3. The nature of the practitioner’s medical support for his or her disabling condition.
Dentistry’s Physical Occupational Requirements
Undoubtedly, dental practitioners are subject to consistent and repetitious physical demands on the neck, back, and hands. Working bent over in a fixed position for long periods of time over many years can cause a number of disabling conditions, in addition, the myriad of other conditions which can hurt the practitioner’s ability to work.
The majority of claims and conditions from dentists are the direct result of these physical demands. Many of the injuries that regularly afflict dentists include:
Carpal tunnel;
Cubital tunnel;
Arthritis;
Double crush syndrome;
Raynaud’s syndrome, or
Cervical and other spine diseases or injuries
Tremors
Repetitive nerve injuries can be challenging to diagnose. The difficulty is compounded by the fact that a practitioner may claim fewer symptoms at different points in time, especially when they stop practicing or limit practicing, but the symptoms recur immediately upon resuming or increasing work duties.
The unique challenges in diagnosing and treating these conditions add an additional level of complexity to a claim and are often fiercely disputed by insurance companies. Attorneys must possess the skills necessary to manage these issues to ensure the client’s medical support is properly targeted.
Fortunately, with the proper diagnosis and support, LTD claims for dental practitioners become very difficult for insurance companies to dispute.
Understanding Contracts & Agreements
To strategically handle a claim or lawsuit, attorneys who represent dental practitioners will need to navigate numerous contracts and agreements. Â
Dental practitioners will frequently obtain an individual disability income policy or policies through a broker. They may also be covered under a group policy, which can be used as primary or supplemental coverage. Many different types of insurance coverage are available for dental practitioners who own, or are partners in, a practice:
Disability buyout insurance is coverage designed to fund the purchase of the value of the policyholder’s equity interest in the practice.
Business overhead expense policies cover typical business expenses incurred while the policyholder is disabled.
Catastrophic coverage pays a lump sum in the event that the policyholder is unable to permanently return to the profession.
Life insurance policies often can be purchased with a waiver of the premium provision in the event that the policyholder is disabled.
Practice ownership agreements set out the requirements to qualify as disabled, to withdraw, and to retire as disabled—as well as the process for acquiring the practice and valuing the disabled owner’s interest in the practice.
Dental work is highly specialized and leaves no room for mistakes. Numbness, tingling, and grip-strength issues can lead to adverse outcomes. During the claims process or litigation, our attorneys’ ensure that dental practitioner claims are thoroughly supported and get paid.
Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
833-824-5350
[email protected]
