Can pain alone qualify for a total disability policy?

British Columbia, Canada


The following excerpt is from Chaplin v. Sun Life, 2001 BCSC 310 (CanLII):

Pain alone does not necessarily qualify under the meaning of a total disability in a policy. Regard must be had for the entire definition of total disability and if pain is the disabling condition, it must be caused by sickness or injury. A person may have pain but is not necessarily disabled by it. [Mathers v. Sun Life, supra, at p. 212.]

The plaintiff considers herself to be totally disabled from any occupation. The question however is whether she is totally disabled under the terms of the description in the policy. I echo here the words of Allan J. from Mathers v. Sun Life, supra, at p. 214-215: The policy specifies that the insured employee’s total disability must result from sickness or injury. The onus is on the insured employee to prove that sickness or injury. The plaintiff does not allege her disability stems from depression nor from psycho-social factors. She claims to be disabled by reason of fibromyalgia.

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