Egan v. Mutual of Omaha Insurance Company
Between 1962 and 1970, Michael Egan injured his back several times in the course of his employment and received small amounts of benefit payments pursuant to his disability policy. He returned to his employment despite his injuries. In 1970, Egan, then 55, attempted to descend from the roof of a one-story building where he was working. The ladder broke as he stepped on it. He fell 12 feet to the ground, thereby re-injuring his back. In November 1970, a representative of Mutual of Omaha and its claims manager visited Egan at home and advised Egan that he would receive no more benefit payments, since Egan was not really disabled but was merely having difficulty finding work. Egan denied the allegations and expressed his concern.
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