Doyle LLP has filed a workers comp bad faith lawsuit against New Hampshire Insurance Company and Gallagher Bassett on behalf of a worker who experienced denied claims leading to a permanent disability. The case is filed in United States District Court in Phoenix, Arizona.
The plaintiff was employed as a master carpenter. In the course and scope of his employment, he fell off a ladder and injured his wrist and arm. He reported the injury to his employer and followed the proper channels for medical treatment. New Hampshire Insurance Company and Gallagher Bassett, as a third party administrator (TPA), denied the plaintiff’s claims. Their adjusters did not conduct a full and reasonable investigation nor did they recognize and acknowledge the timely nature and extent of the injury.
During this time, the bone healed incorrectly which then caused permanent immobility. The effects of the delay of necessary care and benefits are serious, permanent, and ongoing.
The wrongful delay and denial of the plaintiff’s benefits forced the plaintiff to undergo a prolonged and unnecessary dispute resolution process before the Industrial Commission of Arizona. The Industrial Commission of Arizona entered a final and binding order requiring New Hampshire Insurance Company and Gallagher Bassett provide the owed benefits to the plaintiff.
However, the wrongful conduct of these two companies is a separate issue from the benefits owed under the Arizona Workers’ Compensation Act. The denials and delays impacted the plaintiff physically, mentally and financially. He has been unable to work at the same level as prior to the injury. He has suffered due to New Hampshire Insurance Company and Gallagher Bassett’s creation of pretextual reasons to deny and/or delay payment of the claim and engagement in an “outcome-driven” approach to his claim. The companies denied the existence and/or extent of injury without the input of competent individuals with appropriate medical training, and these improper delays resulted in a permanent disability.
Doyle stands behind this client in their fight against an insurance company attempting to mitigate costs to increase revenue at the cost of a policyholder’s health. If you or someone you love has experienced a situation similar to this, please contact the attorneys at Doyle.