As Jewitt McLuckie & Associates’ Long Term Disability Benefits specialist, Randy fights insurance companies and employers when they deny disability benefits to workers. He also helps disabled workers return to work with proper accommodations and works with unions to develop strategies that assist and protect disabled workers.
Randy’s practice is focused on getting disability benefits for workers who have been denied their entitlements. Aside from fighting insurance companies to get long term disability benefits for his clients, he regularly appears before the Social Security Tribunal to assist his clients in obtaining the Canada Pension Plan disability pension. Randy also sues insurance companies when they improperly deny loss of use and critical illness benefits.
Along with this insurance litigation practice, Randy also represents Unions in grievance and interest arbitrations. He has successfully represented unions in grievances alleging termination of employment without just cause, unlawful discrimination against disabled employees, improper promotion, denial of disability benefits, policy issues surrounding long term disability benefit plans and other workplace issues. He also assists individual employees who have been wrongfully terminated or who are dealing with discrimination or sexual harassment issues in the workplace.
Randy also likes to play. He travels extensively- recent trips include Italy and British Columbia – and loves running. He is currently and always in training for Ottawa Race Weekend.
Decisions of Note
One our clients unfortunately suffered severe injuries to both of his hands and could no longer work. He was denied access to Canada Pension Plan Disability Benefits, but the lawyers at Jewitt McLuckie & Associates helped him through the appeal process at the Social Security Tribunal. We presented a strong case that showed the extent of our client’s injuries and his lack of qualifications for other more sedentary jobs. Evidence from our client’s physiotherapist and family doctor, as well as an independent medical examination by a surgeon, showed that our client had reached maximal medical recovery and that he would live with his disability for the rest of his life. We successfully showed that our client made substantial and fair efforts to find alternative work, but that his disability was so severe and prolonged that alternative employment was not possible. The result was that our client was awarded his CPP Disability Benefits going back over three years to the time shortly after he was forced to leave work. The lawyers at JM&A have extensive experience helping clients who have been denied CPP and long-term disability benefits. Contact us today so that we can support you through every step of the claims process.
Randy represented a client that had not worked in about a decade due to her medical condition. She had nonetheless been denied a Canada Pension Plan Disability Pension by Service Canada. Randy persuaded the Social Security Tribunal to reverse Service Canada’s decision by presenting medical evidence as well as evidence of our client’s unsuccessful attempts to return to work.
Arbitrator Barry Stephens affirmed Randy’s argument on behalf of ATU, Local 279 that the City of Ottawa’s program for returning disabled employees to work had systemic flaws that breached human rights law.
Canadian Union of Public Employees, Local 503 v The City of Ottawa Arbitrator David Starkman accepted Randy’s submissions on behalf of CUPE, Local 503 finding that the City of Ottawa had improperly considered the grievor’s experience in a job competition. Arbitrator Starkman therefore ordered that the City of Ottawa immediately instate the grievor into the job and pay him the retroactive wages he had missed out on.
Service Canada had denied our client’s application for a Canada Pension Plan Disability Pension. Randy represented our client before the Social Security Tribunal leading the Tribunal to reverse Service Canada’s decision and award the Disability Pension retroactive for a period of almost five years and on an ongoing basis.
IATSE Local 471 would highly recommend Jewitt McLuckie & Associates to anyone that was seeking the highest level of representation when dealing with a labour relations issue.