Is a short-term disability plan enforceable?

I find the short-term disability plan in this case is one under which the employer simply continued to pay the employee's wages. It is like the short-term plan considered in Chan v. Butcher, supra. By having made this plan part of the terms of employment, the employer obligated itself to continue to pay wages during that short-term disability period, and the employer accordingly has a right of action against anyone who disables the employee per quod servitium amisit in respect of wages paid under that plan during the resulting period of disability. It must follow that plaintiff, the employee, cannot also have a right of action against the tortfeasor in respect of those same wages.