Bill Whalen v. Standard Insurance

Mr. Whalen worked for the same company for almost 30 years.  But he was involved in a serious traffic accident (he was rear ended, and his car was totaled), which damaged his spine.  The spinal injuries were documented by an MRI.  They caused Mr. Whalen a great deal of pain, with pain and numbness radiating out into his arm and leg.

He managed to keep working for 8 months after the accident, while he consulted with a variety of specialists to see if they could fix the problem.  Nothing worked, and eventually he went on disability.  He filed a claim with Standard.

Standard turned Mr. Whalen’s medical records over to hired medical consultants.  They agreed that Mr. Whalen had serious spinal injuries, but found–without examining him, or even speaking to him–that he couldn’t be in as much pain as he claimed.

Judge Carter didn’t agree.  He overturned the decision, and sent it back to Standard for a do-over.