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In January 1987, petitioner suffered a concussion when he
slipped on ice in the driveway of his residence and hit his head.
Petitioner missed 2 months of work after the injury. After he
returned to work, he began to suffer seizures and progressively
worse headaches. Approximately 18 months later, on November 1,
1988, petitioner went on long-term disability. Pursuant to the
standard procedure of Arch Mineral, he was terminated from
employment on November 1, 1989, after 1 year on long-term
disability.
Under the disability plan an insured is totally disabled if,
because of sickness or injury, he cannot perform all of the
duties of his regular job, and, after benefits have been paid for
24 months, he cannot perform the duties of any job he is suited
for by training, education or experience. Payments under the
disability plan do not begin until the insured has been totally
disabled for 26 weeks. Benefits are paid monthly, in an amount
equal to 60 percent of monthly salary just before total
disability begins. If the insured was injured before reaching
age 60, benefits are paid up until age 65, as long as the insured
remains totally disabled and requires a doctor’s attendance.
Beginning May 1, 1989, petitioner received long-term
disability payments from UNUM pursuant to the provisions of the
disability plan. In accordance with the terms of the disability
plan, petitioner received monthly disability payments equal to 60
percent of his monthly salary, or approximately $3,200.
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