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'Appropriate Care Clause' Imposes Duty on Claimant to Seek and Accept Medical Care/Treatment Aimed at Returning Claimant to Work
Lane Powell PC
Mar. 28, 2013
"What happens when the claimant refuses to seek and accept medical care that might enable the claimant to return to work? Does the claimant have a duty to seek out and accept medical care aimed at returning to work? YES. But there are nuances.... [C]are is 'appropriate for the condition causing the disability' where, to the extent medically and otherwise reasonable, it seeks to ameliorate the condition preventing the insured from returning to his or her prior occupation." [Metropolitan Life Insurance Company Life v. Cotter, No. SJC-11135 (Mass. Mar. 15, 2013)]
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