Employee diagnosed with long COVID, CFS
A Manitoba government employee has launched a lawsuit against the province and Canada Life after her application for long-term disability (LTD) benefits was denied.
The plaintiff—who has worked for the Manitoba government since 2014 and was most recently the manager of the Legislative Assembly gift shop—was diagnosed with long COVID and chronic fatigue syndrome, reported CBC.
This "has wholly prevented her from performing her regular duties," according to the report, quoting the statement of claim filed in the Manitoba Court of King’s Bench.
In November 2024, the worker submitted a claim for LTD benefits under a group plan administered by Canada Life for provincial employees. Canada Life denied the claim in April 2025, stating in a letter that it had to determine whether her symptoms were severe enough to prevent her from fulfilling her role as gift shop manager, according to the report.
The insurer concluded that the medical information “supports that the plaintiff would be able to function within a sedentary level,” and that she would not be prevented from performing her occupational duties, CBC noted.
However, the court filing argues that her position was not sedentary, citing responsibilities such as purchasing, meeting with suppliers, budgeting, general administration, daily sales and deposits, and physical tasks like keying in prices, wrapping products, and loss prevention .
Lawsuit calls approach to claim 'cavalier'
The lawsuit alleges that both the province and Canada Life “arbitrarily and without justification denied her right to the payment of LTD benefits and have done so in a high handed, egregious and cavalier manner.” It further claims that the denial of benefits has placed the plaintiff under “extreme financial pressure” and aggravated her medical condition, causing “extreme stress and anxiety,” CBC reported.
The lawsuit seeks a court order requiring payment of LTD benefits from Dec. 14, 2024, as well as aggravated and punitive damages and legal costs.
Medical reviews cited in the court documents show that Canada Life’s medical director acknowledged the plaintiff’s fatigue could interfere with various work conditions, though “she did not see a clear medical contraindication to work.”
An independent physiatrist’s report referenced symptoms such as fatigue and brain fog, noting, “the plaintiff has features in her presentation of post COVID, post viral prolonged recovery of symptoms, at times this is called Long COVID.” The specialist recommended further neurological assessment, but the lawsuit alleges these recommendations were ignored by the defendants.
A spokesperson for the Manitoba government confirmed to CBC that the province is aware of the claim but declined to comment, citing the ongoing legal proceedings. Canada Life and the plaintiff’s lawyer, Joseph Pollock, declined to comment.
The allegations have not been tested in court, and no statements of defence have been filed.
Chronic health conditions make disability claims complex, according to a previous report.
Employer responsibilities with LTD benefits
Employers are typically responsible for including LTD insurance in their employee benefits package. Their key duties—according to a blog by Emma Edmonds, director of brand and client experience at NOVA Injury Law—include choosing a reliable and well regarded insurance provider to manage the LTD plan, and communicating plan information by "clearly explaining the plan’s terms, conditions, and claims procedures to employees."
When an employee files an LTD claim, she said, the employer must:
- Submit required documentation: Provide accurate and timely details which could but not limited to include job descriptions and employment history to the insurer.
- Facilitate communication: Act as an intermediary entity to ensure open communication between the employee and the insurance company.
- Accommodating employees
Edmonds also noted that employers must accommodate employees with disabilities up to the point of undue hardship. This includes:
- Adjusting work conditions: Modifying duties, schedules, or the work environment to meet the employee’s needs due to the symptoms resulting from disability.
- Implementing return-to-work Plans: Creating structured programs that aim to support the employee’s return when medically approved to do so.
- Upholding employee rights
