Mitch Murphy’s Fight for Justice

When insurance companies turn their backs on the most vulnerable, real people suffer. Mitch Murphy’s case is a powerful example — and one that our firm, led by Sivan Tumarkin, is proud to stand behind.

A Life-Changing Accident

In the summer of 2011, Mitch Murphy from Nova Scotia was preparing to finish his last year of university in Cleveland. But a freak accident changed everything.

He caught his flip-flop on a staircase, fell over a railing, and plummeted nearly seven metres to the ground. The fall left him with a traumatic brain injury and a fractured spine that paralyzed him from the waist down.

Since then, Mitch has fought tirelessly to regain mobility — undergoing grueling rehabilitation, relying on a wheelchair and hand-controlled vehicle, and even participating in research trials with robotic exoskeletons. Despite his incredible resilience, doctors agree: his paralysis is permanent.

The Insurance Company’s Denial

Instead of supporting Mitch when he needed it most, his insurer, SSQ Insurance (now Beneva), decided he wasn’t “paralyzed enough.”

Although Mitch requires a wheelchair to live his daily life, Beneva claimed that because he could stand briefly in a robotic suit during rehab, he didn’t meet the policy definition of “total and irrecoverable loss of use” of his legs.

This decision ignored medical evidence from his treating doctors, who confirmed that Mitch is a paraplegic with no functional use of his lower limbs. Beneva denied his claim three times — without ever having their own doctors assess him.

Cases likes this highlight the importance of understanding how Beneva long term disability claims and Beneva short-term disability benefits in Canada work — and the tactics insurers use to avoid paying.

The dispute turned on whether Mitch met the policy’s strict definition of “paraplegia.” Insurers often argue over technical terms like the the legal definition of total disability for LTD claims to cut off benefits.

The Toll on Mitch and His Family

Mitch’s lawsuit details the emotional devastation caused by these denials. Fighting an insurance giant while living with paralysis has been exhausting and deeply unfair.

• His mother, Coleen, has been by his side since the accident, helping him navigate appeals
• His rehabilitation progress was disrupted by stress and financial uncertainty
• The denial has caused profound emotional distress and undermined his ability to focus fully on recovery

Mitch’s experience reflects what many Canadians face when insurers reject claims. Common tactics include arguing that conditions aren’t severe enough or aren’t “permanent.” These are among the most common reasons long-term disability claims are denied.

How We’re Helping

Mitch turned to Samfiru Tumarkin LLP for help. Our partner, Sivan Tumarkin, who previously worked for insurance companies, is now using his knowledge of their strategies to fight back.

As Sivan explained in an interview, Beneva’s refusal is “almost arbitrary” — denying Mitch benefits even after acknowledging his specialist’s report confirming permanent paralysis.

Our firm pursued payment of the $120,000 in benefits that Beneva wrongfully withheld. We also sought $250,000 in general damages for stress and anxiety, as well as $5 million in aggravated damages caused by their bad faith.

Mitch’s case isn’t just about money — it’s about fairness, dignity, and holding insurers accountable.

Mitch had strong medical support from his treating physicians. Still, Beneva ignored their reports. This issue is widespread — insurers often disregard doctor and treating health professional reports in LTD claims, forcing claimants into lengthy appeals.

That’s why understanding your options — from appealing a denial to pursuing a legal claim — is so critical.

Why Mitch’s Case Matters

This case raises important questions for all Canadians:

• Should an insurance company be allowed to deny benefits simply because technology like an exoskeleton lets someone stand briefly, even when doctors agree paralysis is permanent?
• Is it right for insurers to profit from technical loopholes while ignoring the human cost?

As medical technology advances, cases like Mitch’s will set the standard for how insurers treat people with life-altering disabilities.

Mitch’s story is a reminder that countless Canadians living with conditions that clearly qualify as disabilities are still denied benefits. If you’re unsure whether your diagnosis is covered, review our guide: What Medical Conditions Qualify for Disability in Canada to see if your condition may be covered.

Outcome

With our help, Mitch is standing up to his insurance company. By filing an LTD legal claim against Beneva, we demanded accountability and full compensation. This case shone a national spotlight on the unfair tactics insurers use, and we committed to ensuring Mitch receives justice.

Tumarkin was featured in additional reporting by CBC News – February 10, 2017

Denied Long Term Disability? We Can Help

You don’t have to accept the insurer’s decision when your long term disability benefits are denied in Canada. Samfiru Tumarkin LLP has helped thousands of Canadians win their disability benefits.

Our team undertands how insurers operate — and we’ll work to ensure you get what you’re entitled to.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 👥 Helped 50,000+ clients nationwide
• 💰 Secured millions in compensation
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