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Island
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25 Jul 2009, 2:16 am

An insurance company recently wrote me a letter describing Asperger's Syndrome as a "disease of life." I know there isn't a whole lot of awareness out there, but that is just ridiculous.


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Last edited by Island on 25 Jul 2009, 2:38 am, edited 1 time in total.

Tory_canuck
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25 Jul 2009, 2:32 am

Appeal it and file a human rights complaint,They are denying you a service based on disability, which is against the law.Id also see about pressing criminal charges against the bully if I were you, as well as suing them in civil court.

If Workers compensation did that here in Canada, they would be violating the Canadian Charter of Rights and Freedoms and they could be punished for such and/or forced to give you monetary compensation.In Canada, WCB is run by the government, and is thereby bound by the provisions of the Canadian Charter of Rights and Freedoms.


http://laws.justice.gc.ca/en/charter/1.html

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Equality Rights
Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability


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Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.

Limitation

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.


Quote:
Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.


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Rainbow-Squirrel
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25 Jul 2009, 2:33 am

Stupidity is definitely a disease of life, and with no cure. The sufferer usually denies suffering from it, and that's just because of the disease itself. It's a vicious circle, or a dog eating its tail. On the bright side, it is usually associated with good mood.

Sorry but when I'm at work and I've nothing better to do I can't resist answering these kind of things.



Island
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25 Jul 2009, 2:48 am

Thanks Tory_Canuck.

I replaced the post with something simpler because I feel ashamed about the whole thing. So much went on that I'm trying hard to forget about. I honestly don't think I'll pursue anything at this point because I feel pretty beat down.

It just makes me feel better to know there are others out there who still know what's right. I can't believe what my coworker was allowed to get away with, but I feel I need to leave it behind me now.


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Asterisp
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25 Jul 2009, 3:06 am

It has probably something to do with liability. By putting part of the cause on your Aspergers' they shift the liability for the incident.

Further advice will be difficult since the judicial and insurance systems in the US and NL differ too much.



demeus
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25 Jul 2009, 6:18 am

OK, to those outside of the USA, if the op were to appeal this decision, they would probably lose. It is legal for a health insurance company in the USA to deny a person coverage for any health reason what so ever and they do deny coverage if you have any ASD. The funniest part is that they also, in their contract, specifically state that they will not cover treatment for ASD.



ChangelingGirl
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25 Jul 2009, 6:21 am

Rainbow-Squirrel wrote:
Stupidity is definitely a disease of life, and with no cure. The sufferer usually denies suffering from it, and that's just because of the disease itself. It's a vicious circle, or a dog eating its tail. On the bright side, it is usually associated with good mood.

Sorry but when I'm at work and I've nothing better to do I can't resist answering these kind of things.


Agreed. AS isn't a disease of life, unless of course too many curebies keep giving their autistic kids chelatives that might just kill them.



Aoi
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25 Jul 2009, 12:52 pm

I ran into this problem when getting coverage after my diagnosis. Many insurance companies simply wouldn't cover me, and the coverage I have is poor, excluding many things based on my AS. I just have to hope that nothing much goes wrong.

I'd like to hear from the person who came up with the phrase "disease of life", and how it got into the U.S. medical insurance system.



Callista
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25 Jul 2009, 2:41 pm

What is their definition of "disease of life"? I googled the term and found that apparently it refers to "a non-work-related condition", which would be true.


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Tory_canuck
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25 Jul 2009, 3:20 pm

demeus wrote:
OK, to those outside of the USA, if the op were to appeal this decision, they would probably lose. It is legal for a health insurance company in the USA to deny a person coverage for any health reason what so ever and they do deny coverage if you have any ASD. The funniest part is that they also, in their contract, specifically state that they will not cover treatment for ASD.



The US better change that or they should be embarrassed at the UN. With the way they are allowed to discriminate like that in the US, it would be ILLEGAL to do so up here in Canada, since we have our charter of rights and freedoms and it is in our constitution. Maybe American aspies ought to consider moving up north and seek refugee status in Canada....Just think of how embarrassing it would be for the US when they go to their next UN meeting or something and are confronted by the Canadian government.


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Honour over deciet, merit over luck, courage over popularity, duty over entitlement...dont let the cliques fool you for they have no honour...only superficial deceit.

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Tory_canuck
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25 Jul 2009, 3:24 pm

If you pressed criminal charges and the court declared the person who hit you to be fully at fault, you could bring that judgment to the insurance company and they would have no choice but to cover you since you would have no contributory liability whatsoever, and it would have been proven as such in a court of law.When that person hit you and injured you, they committed a criminal offense and could thereby be criminally charged with assault and battery.


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Honour over deciet, merit over luck, courage over popularity, duty over entitlement...dont let the cliques fool you for they have no honour...only superficial deceit.

ALBERTAN...and DAMN PROUD OF IT!!


Island
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26 Jul 2009, 1:25 am

I thought it would be taking it a bit far if I took her to court. I went to the doctor and was prescribed medicine for the pain which is mostly gone now. Because it was such a bad situation (the bullying lasted for a couple of months, every day), I hate to even go through anything more than I have to. I've left that position and am seeking employment elsewhere now.

From a legal standpoint, it wasn't right. I'm a teacher and I saw that school get away with so many illegal things, you wouldn't even believe it. I talked to my union and they did nothing for me. Basically, I've given up on all of that and I'm trying to start anew.


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Roxas_XIII
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26 Jul 2009, 1:58 am

I'm sorry this had to happen to you. Seriously, the way some people treat us Aspies is sickening. I would be most happy to force through legislation preventing that kind of discrimination by insurance companies if I were President or in some other powerful position in the U.S. government. Unfortunately, the only way I could see that happening is with a coup de etat, which given the US Government's current obsession with national security and its shoot-first-interrogate-later policy towards antigovernmentalists, that really isn't an option.


*Sigh* C.C. where are you? I need your help...

PS: Not to break off topic or anything, but your avatar is hilarious. I can name several situations from Alice in Wonderland that are WTF?! worthy.


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