Canada Post Employee Denied Disability Benefits: James Fireman on CTV

Interview Overview

A Canada Post employee in Kitchener was denied long-term disability benefits despite undergoing cancer treatment. Chantelle Lucyshyn’s claim was rejected by her insurance company amid ongoing labour disputes involving Canada Post and the Canadian Union of Postal Workers (CUPW).

James Fireman, Ontario disability lawyer and National Practice Leader at Samfiru Tumarkin LLP, spoke with CTV News about the denial — and why this situation isn’t as rare as many might think.

Interview Notes

• Valid Claims Are Still Denied:
  “It’s something that they just trust is going to be there when they really need it,” said Fireman. “And then to get to the point where they actually need it, and to discover that it isn’t going to respond the way they were counting on—it’s devastating.”
• Why the Insurer May Not Be Obligated to Pay:
  During strike action, Canada Post claimed it allowed the union (CUPW) to continue premium payments, but the offer was refused. “Then the insurance company wouldn’t be obligated to pay those benefits while the premiums weren’t being paid,” Fireman explained.
• Who Is Responsible for the Gap in Coverage:
  Both Canada Post and the insurer may avoid responsibility if the employee became disabled during a lapse in premium coverage. “As a fundamental rule,” said Fireman, “if they’re not getting the premium, then they’re not on the hook for the benefit.”

Related Resources

Explore more on disability claim denials:

• Short-term disability claim denials
• Cancer diagnosis and long-term disability
• Canada Post worker denied LTD – full story