Jose Hernandez - Page 3

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          the same benefits as above, with the exception that the waiting             
          period is reduced from 130 days to 60 days.  Enrollment in plan B           
          requires the submission of a medical history statement and is               
          subject to Standard’s approval.  The employee cost of plan B is             
          approximately $5 per month; the City pays the rest.  During all             
          relevant times, petitioner was enrolled in plan A.                          
               On October 15, 1985, while working for the City, petitioner            
          tripped on an unrepaired crack in the sidewalk and struck his               
          head on the pavement, sustaining permanent injuries to his head,            
          back, and right eye.  Nevertheless, petitioner returned to work             
          with the City.  In November 1988, as a result of these injuries,            
          petitioner applied for disability benefits under plan A.                    
          Standard, however, rejected his claim.                                      
               In December 1988, petitioner applied to change his long-term           
          disability insurance coverage from plan A to plan B.  As                    
          requested by Standard, petitioner submitted a medical history               
          statement.  Standard denied petitioner’s request, and petitioner            
          remained covered under plan A.                                              
               On April 26, 1989, petitioner suffered another work-related            
          accident.  This time, petitioner, while trimming high tree                  
          branches, fell and suffered head, back, and neck injuries.  As a            
          result of the accident, he was unable to perform his regular                
          duties for the City.  After the accident, petitioner’s work                 
          schedule was as follows:  (1) From April 27 to May 2, 1989,                 





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