Toronto Injury Lawyer Blog
Lots of Canadians have been captivated by the Toronto Blue Jays playoff run into the World Series. A ball club which finished last in their division last year has made a historic turnaround which no fans or baseball pundits expected. They are the most mentally tough and resilient professional sports team I can remember.
One of the stories from the Toronto Blue Jays playoff run has been the injuries to the team, and their ability to cope with those injuries in order to compete at the highest level.
This got me thinking as a personal injury lawyer, and drawing comparisons to the injuries in the Toronto Blue Jays lineup and personal injury law. Specifically, dealing with long term disability cases.
When you think of long term disability, you have to think of it in binary or black and white terms. Either you are disabled, or you are not disabled. There is no middle ground or half way. For many people, this can present a major dilemma. The idea of going off work full time is daunting and scary. There is also no guarantee that the long term disability insurer will accept your claim. And if they do, there is no guarantee that your long term disability benefits won’t get cut off for one reason or another. It’s very scary to have to rely on your insurance company to make ends meet as unlike working, the payment of benefits is entirely outside of your control. You don’t know what the long term disability insurer is thinking; nor can y0u predict what they will do. What I recommend people do is expect the worst, but pray for the best.
The Toronto Blue Jays faced this predicament with a few of their players. You see, before a playoff series begins they have to announce their roster. There are limits on the number of players you can have on your roster. You want to have the right balance of starting pitchers, relievers, infielders, outfielders. Once the roster is set, you can’t go back and reset it, so that roster announcement is a very big strategic decision.
For the first two rounds of the playoffs, the Toronto Blue Jays didn’t name Bo Bichette to their playoff roster. Mr. Bichette was a big part of the Toronto Blue Jays. He led the major league in hits before he got injured late in the season. While it’s likely that Mr. Bichette could play baseball, he likely would not have been able to play at 100%. In the world of long term disability, he was disabled and unable to work at his job. In the world of baseball, he was also viewed as disabled and unable to work at his job. But, the duration of that disability was unknown.
Mr. Bichette was announced to the Toronto Blue Jays World Series Roster. He has been playing well; but it’s very clear that he’s not able to play at 100%. He is playing through pain/injury. You can see that he is moving gingerly, not running the bases at full speed, and the team is reluctant to put him in the field because he has limited range of motion. Still, the workforce doesn’t care about these limitations. He is on the roster, and therefore, eligible to work (not disabled). There is no middle ground. So long that he is on the roster, he is expected to perform and to work.
Disability insurers and employers have the same expectation. If you are back at work, you are expected to do your job. Sometimes modifications are available. Other times modifications are not available. It depends on the employer, the job and the workplace.
Anthony Santander is another example of disability for the Toronto Blue Jays in this World Series Run. Mr. Santander was signed to a big free agent contract by the Toronto Blue Jays in the off season. He was expected to bring a big bat and some power for the Blue Jays lineup. Mr. Santander was injured for the majority of the regular season and could not play (he was disabled). Mr. Santander was included on the playoff roster for the American League Championship Series against the Mariners. He looked “ok“, but was not at 100%. During one at bat in the series, Mr. Santander swung in such a way that he got injured and was not able to compete any further. The Toronto Blue Jays had to list him as “injured/disabled” and by doing so, the Major League rules state that Mr. Santander would not be eligible to compete in the World Series; even if he got better from his injury in time. Mr. Santander was deemed disabled and unable to work. There is no middle ground as it’s a very black and white issue.
The final example of disability and the Toronto Blue Jays is with George Springer. Mr. Springer is clearly battling a variety of injuries during this playoff run. Most clearly we saw him get hit by a pitch in the knee where he needed to be taken out of the game; and in the World Series he pulled his oblique on a swing and needed to be taken out of the game. But the Toronto Blue Jays have not deemed him disabled to replace him on the roster for another player, because once he’s gone, he’s no longer eligible to return. The Toronto Blue Jays want him on the roster because he has a tendency to come up big in pressured moments. Even with a major knee injury, Mr. Springer was able to hit a three run home run in Game 7 of the American League Championship Series which propelled the Toronto Blue Jays to victory and punch their ticket to the World Series. Had the Toronto Blue Jays listed his as “disabled” on account of this knee injury, Mr. Springer never would have come to the plate to hit the second biggest home run in Toronto Blue Jays history. This speaks to the black and white nature of disability claims. If an employee goes to work, they are expected to perform, even if they are performing with an injury.
