{"id":7528,"date":"2020-04-20T17:00:53","date_gmt":"2020-04-20T22:00:53","guid":{"rendered":"https:\/\/www.nickortizlaw.com\/?p=7528"},"modified":"2024-01-04T17:31:14","modified_gmt":"2024-01-04T22:31:14","slug":"mawa-v-hartford-disability-claim-for-peripartum-cardiomyopathy-denied","status":"publish","type":"post","link":"https:\/\/www.nickortizlaw.com\/mawa-v-hartford-disability-claim-for-peripartum-cardiomyopathy-denied\/","title":{"rendered":"Mawa v. Hartford – Disability Claim For Peripartum Cardiomyopathy Denied"},"content":{"rendered":"
In the present case, Brenna Mawa (\u201cMawa\u201d) worked as a\u00a0nurse<\/a>, Branch Director, and Clinical Director; she was employed by LHC Group, Inc. (\u201cLHC\u201d). The company was insured by a Group Long Term Disability Plan for Employees issued by the\u00a0Hartford Life & Accident Insurance Company<\/a>. This plan defined a disability as whether a person can perform the duties related to his or her\u00a0own occupation<\/a>. After twenty-four months pass, the plan additionally tests whether that person can perform the duties of any occupation at all. The term \u201cany occupation\u201d is specifically defined as \u201cany occupation for which you are qualified by education, training, or experience.\u201d<\/p>\n Around 2015, Mawa began experiencing symptoms from\u00a0peripartum cardiomyopathy<\/a> and ceased work. She later applied for long term disability (LTD) benefits<\/a>, which was approved by Hartford on June 5, 2015. The approval letter for the LTD benefits further stated that her \u201cany occupation\u201d test would be effective February 8, 2017. One of Hartford\u2019s nurses, Roxann Koelln contacted Mawa on May 20, 2016, to check about her symptoms and status. Mawa stated that she had been experiencing several symptoms including fatigue and tiredness, feeling lightheaded or dizzy upon standing and bending, shortness of breath, and slight edema in the legs and feet. She stated that she had lost a significant amount of weight due to lap band surgery and did light exercise, including lifting her four-year-old child.<\/p>\n The nurse further inquired as to whether Mawa might be able to do sedentary work. Mawa stated, however, that she was likely unable to do so due to her use of coumadin. The nurse replied that employees taking coumadin are often allowed the freedom to move around, stand, and stretch as needed. Mawa\u2019s final response was that she would consider returning to work when she was able to get her symptoms under better control.<\/p>\n Several months later, Nurse Koelln called to obtain an update from Mawa. She was informed that Mawa had an echocardiogram on June 15, 2016, and that she still experienced blood pressure and dizziness problems. The day after the call, the nurse sent a letter to Mawa\u2019s treating physician to inquire about her ability to work. A month or so later, Assistant Nurse Practitioner Terri Hancock responded to the letter on Dr. Kristin Scott-Tillery\u2019s behalf, alleging that Mawa would be able to work part-time in a sedentary capacity. The letter stated that Mawa had \u201csignificant limitations at this time\u201d and cited pre-syncope episodes and hypertension.<\/p>\n Following that, Mawa saw Dr. Stehlik. He stated that she had no symptoms of fatigue, near-syncope, shortness of breath, muscle weakness, orthopnea, dyspnea on exertion, or claudication. However, he opined that she did have some lightheadedness. A few weeks after this visit, Nurse Koelln reached out to Dr. Scott-Tillery to see if Mawa would be able to perform full-time sedentary work. She was later informed that Dr. Scott-Tillery had moved away and that Mawa\u2019s primary physician was Dr. Stehlik.<\/p>\n