We have a staff member that was on short-term disability, and then transitioned to long term disability. However, our LTD provider did not accept her medical documentation, denied the claim, and she appealed. She again didn’t provide them enough information during the appeal and they denied her claim. This whole process has been about 2 years. She has been off work, unpaid, and basically just holding seniority at this point. She is in the middle of a lawsuit with the LTD provider, for denying her claim. Her personal lawyer reached out to request a complete copy of her personnel file for this matter. We normally provide this disclosure with no hesitation; however wondering from a legal perspective, what your thoughts are on providing this full disclosure to her lawyer, as she is still technically an employee, and the lawsuit is related to a medical claim, which is her reason for not being at work?
Wow. I don’t know how to answer that question. Specifically, you need legal counsel on a matter involving potential litigation, which I’m not qualified to provide. Sorry but you should definitely ask a lawyer.