On-and-off labour actions with Canada Post workers have affected a Kitchener, Ont. woman’s disability claims. All of it comes as Chantelle Lucyshyn deals with her cancer diagnosis. But questions are being raised about what legal remedy may be available to her. “I’m a proven statistic that here we are again, fighting for something that we pay into monthly,” said Lucyshyn, who had her short-term disability claim denied by Canada Post earlier this year because her date of diagnosis came during the postal workers’ strike. That decision was later reversed, but now her long-term disability claim is being denied, despite working at Canada Post for 24 years. It’s something disability lawyer James Fireman, who is not involved in this case, says happens more often thank you think. “It’s something that they just trust is going to be there when they really need it, and then to get to the point where they actually need it, and to discover that it isn’t going to respond the way that they were counting on it responding,” said Fireman, who is also a partner at Samfiru Tumarkin LLP. A Canada Post spokesperson said the company gave the Canadian Union of Postal Workers (CUPW) the opportunity to cover the cost of employee benefits during the strike and said the union refused. “And because of that, the insurance company who insures the long-term disability benefits and presumably other benefits as well, was never receiving the premiums while the strike was ongoing,” said Fireman. So what if Canada Post’s claims are true? “Then the insurance company wouldn’t be obligated to pay those benefits while the premiums weren’t being paid, as long as the disability arose during the period where premiums were, in fact, not being covered,” said Fireman. Without hearing from all sides, Fireman says it’s hard to say for sure, but suggests it’s unlikely Canada Post, or its insurance company, will pay up again. “I can assure you, I don’t make a habit of saying things in support of insurance companies,” said Fireman. “But as a fundamental rule, if they’re not getting the premium, then they’re not on the hook for the benefit.” CTV News still has not received a response from CUPW, so Fireman said he cannot draw any conclusions. CUPW continues to investigate Canada Post’s claims that they refused to cover employee benefits.
