Yearly Archives: 2022

Doyle Dennis Avery LLP has filed suit on behalf of a Texas doctor against Baylor Scott & White Health alleging breach of contract, violations of the Texas Health and Safety Code, for his wrongful termination by the hospital system.  The suit was filed in Dallas County District Court, in Dallas, Texas.

In the suit, Doyle Dennis Avery LLP has alleged that its client essentially was a whistleblower regarding unsafe practices that were occurring at the Baylor Scott & White Medical Center – Hilcrest.  For example, Doyle Dennis Avery LLP ’s physician client routinely raised serious concerns about about: (1) extremely cold operating rooms in the ambulatory surgery center, (2) dangerously sharp metal operating room doors in the ambulatory surgery center, (3) lack of safety straps to secure patients to operating tables, (4) lack of fire extinguishers, (5) use of dangerous cleaning chemicals, (6) lack of computers, (7) non-English anesthesia consent forms, (8) lack of training on newly implemented pain medication protocols, and (9) lack of prompt communication about medical procedures.

The suit further alleges that its client and other physicians who raised similar concerns clashed with hospital administration over the need to remedy issues involving patient safety.  As a result, these doctors, including Doyle Dennis Avery LLP ’s client, suffered from retaliation.  Specifically, Doyle Dennis Avery LLP ’s client was placed on leave, without the option to return, and ordered to sign a performance improvement plan.  In retaliation, the suit states, the hospital ultimately terminated the physician, but failed to follow specific requirements that were required of Baylor, including the Medical Staff Peer Review process.

As a result, the suit seeks damages, including damage to the physician’s reputation, lost earning capacity in the future, past lost wages, and mental anguish.  Doyle Dennis Avery LLP ’s attorneys have experience in representing physicians, doctors, and nurses in this specific area of retaliation, defamation, and violations of the Texas Health and Safety Code.  If you feel that you have been the victim of retaliator conduct or termination, Doyle Dennis Avery LLP ’s attorneys stand ready to complete a no-cost analysis of your claim to determine your rights under Texas law.

Doyle Dennis Avery LLP Trial Lawyers has filed an insurance bad faith suit under Arizona law in Maricopa County Superior Court against Ace American Insurance Company, Gallagher Bassett Services, Inc., and their adjusters.

The suit arises from Ace American and Gallagher Bassett’s wrongful handling of the Plaintiff’s workers’ compensation claim.  After a work injury at FedEx in May 2014, the Plaintiff was owed benefits due to serious shoulder and back injuries.  The case alleges that the Defendants wrongfully closed the injured worker’s claim based upon the misuse of the Independent Medical Exam (IME) process.  First, Defendants closed the claim based upon the report of Dr. Zoltan.  However, Dr. Zoltan’s opinions had already been rejected by the Industrial Commission of Arizona (ICA) in an Award that was entered in June 2016.  And then, recognizing this unreasonable and bad faith basis to close the claim, Defendants attempted to manufacture a new basis to deny the claim and sent the Plaintiff for an IME with Dr. Theiler.  Arizona law holds that insurers and adjusters may not use the IME process in bad faith.  The lawsuit alleges that the Defendants engaged in this conduct by using an already-rejected IME report and then using the IME process to generate another excuse to deny the insurance claim in bad faith.

It was only through proceedings before the Industrial Commission of Arizona and with the assistance of an attorney that Plaintiff was able to force Ace American and Gallagher Bassett to reverse their denial.  On March 6, 2018, the Industrial Commission of Arizona entered an award finding that Defendants’ closure of Plaintiff’s claim was unfounded and that Ms. Mable was entitled to the benefits that had been unreasonably denied by Defendants, including income benefits and disability benefits.  Nonetheless, Defendants’ bad faith conduct did not end there.  Defendants repeatedly refused to follow the orders of the Industrial Commission of Arizona and ignored multiple written communications and telephone calls to Defendants and their attorney asking them to honor the award and pay the owed benefits.  It was not until approximately 11 months later, on or about, February 5, 2019, that Defendants issued the payment.  Not surprisingly, the Industrial Commission of Arizona found that the Defendants had acted in bad faith and ordered payment of $8,251.81 as a penalty.  However, the suit further alleges that the Defendants have continued their bad faith conduct and refused to pay the bad faith penalty that was ordered by the Industrial Commission of Arizona.

Plaintiff’s suit alleges that this conduct amounts to a breach of the duty of good faith and fair dealing under Arizona law.

Doyle Dennis Avery LLP Trial Lawyers is a firm that focuses its practice on holding insurance companies responsible for wrongfully withholding benefits and engaging in bad faith conduct.  If you or a family member need advice on the wrongful handling of your insurance claim, Doyle Dennis Avery LLP ’s lawyers are available to discuss your claim at no cost to you.

Doyle Dennis Avery LLP has filed suit against American Zurich Insurance Company and Sedgwick Claims Management Services, Inc. for bad faith insurance claim handling.  The suit, which is pending in the United States District Court of Arizona, Phoenix Division, alleges that American Zurich violated the duty of good faith and fair dealing and that Sedgwick Claims and its adjusters aided and abetted American Zurich’s bad faith conduct.

The Plaintiff in the suit was an employee of JBS and was injured at work in November 2017, when he fell from a ladder and suffered injuries to his shoulder, neck, and low back.  Rather than properly handle the Plaintiff’s claim, American Zurich and Sedgwick Claims wrongfully denied the claim in its entirety.

The Plaintiff’s work injury was documented in an on-site incident report and at the onsite medical facility.  Moreover, the Plaintiff’s injury was confirmed by a treating physician.  Nonetheless, American Zurich and Sedgwick ignored this evidence and denied income and medical benefits that were required to ensure that the Plaintiff received timely medical care and had income to meet his living expenses.

It was only through proceedings before the Industrial Commission of Arizona and with the assistance of an attorney that the Plaintiff was able to force American Zurich and Sedgwick Claims to being paying benefits.  The suit seeks the damages caused by the delay in payment of these benefits, such as pain and suffering, physical impairment, mental anguish, and punitive damages.

If you or someone you know suffered a work injury in Arizona and have been the victim of a wrongful denial of benefits or other bad faith conduct, the lawyers at Doyle Dennis Avery LLP  stand ready to assist you in determining whether you have a viable claim.

In July 2020, Doyle Dennis Avery LLP filed suit against Praetorian Insurance Company and Sedgwick Claims Management Services Inc. on behalf of the wife of a deceased worker. She has been the victim of bad faith handling of her workers’ compensation claim with regard to her husband’s death.  The suit, which was filed in the United States District Court for the District of Arizona, Phoenix Division, states that Praetorian Insurance Company and Sedgwick Claims Management Services violated the duty of good faith and fair dealing, under Arizona law.

The duty of good faith and fair dealing requires insurance companies, including Arizona workers’ compensation carriers, to complete a reasonable investigation of a workers’ compensation, without delay.  This means that the insurance company and its adjusters must gather documents, interview witnesses, and review the file in an unbiased way.  After the reasonable investigation is complete, the duty of good faith and fair dealing holds that an insurance carrier may not deny a claim, unless it has a reasonable basis to do so.  Arizona courts have held that this means that an insurance company should not handpick information and must take an unbiased and impartial view of all of the facts of the claim.

In this suit, Doyle Dennis Avery LLP has alleged on behalf of its client, who was the wife of an employee of XP Services, that North Pointe Insurance Company and Sedgwick Claims Management Services denied her April 16, 2019 workers’ compensation claim in bad faith.  Doyle Dennis Avery LLP Client’s husband’s death occurred when he was fatally injured in a helicopter crash, while in the course and scope of his employment. As his common law wife, Doyle Dennis Avery LLP ’s client was entitled to spousal benefits under the works’ compensation policy cover her late husband’s work. Despite the evidence, North Pointe and Sedgwick ignored their obligation to timely and appropriately approve reasonable and necessary benefits. Indeed, on July 9, 2019, Defendants denied the claim.  This had the effect of denying income benefits, medical benefits and death benefits that were necessary to meet living expenses for the deceased’s family. Doyle Dennis Avery LLP ’s client also faced significant economic impact, economic, physical and mental distress from the wrongful and unjustified delay. Doyle Dennis Avery LLP ’s client also had to seek out an attorney to go through rigorous and costly legal proceedings to prove a claim that was easily apparent and known. The approval and background of the claim was also supported from the beginning with evidence from the Employer, XP Services, of the deceased.

It was only through proceedings with the assistance of an attorney in the Superior Court of the State of Arizona and for the County of Yavapai the that North Pointe and Sedgwick took action to investigate the claim further.  However, by that point, as the suit alleges, the damage had been done.  The delay in providing benefits resulted in mental, physical, and financial consequences from which Doyle Dennis Avery LLP ’s client is still attempting to recover.

If you are an injured worker who has suffered from the delay in payment of workers’ compensation benefits, life insurance benefits, death benefits, property damage benefits, or other insurance payments, you may have a claim for insurance bad faith.  Doyle Dennis Avery LLP Trial Lawyers would like to offer you a free initial evaluation of your claim helping you understand your rights and potential case.

Doyle Dennis Avery LLP filed suit in August of 2020 in Harris County District Court under the Texas Labor Code against Republic Manufacturing Group INC. d/b/a Republic Bag Co. and Alpha Industries Management Inc. d/b/a Republic Bag Co. The suit alleges that Republic Bag Co. retaliated with discrimination against Doyle Dennis Avery LLP ’s client and then fired her after she filed a workers’ compensation claim.

Texas workers have certain rights after suffering an injury in the course and scope of their employment. Under Texas law, an injured worker who reports and files a workers’ compensation claim and/or seeks benefits, including medical treatment, is entitled to protection under Texas Labor Code § 451.001. This is the law that the suit alleges Republic Bag Co. violated.

According to the legal filing, Republic Bag Co. knew of our client’s compensable on the job injury. Republic Bag Co. responded to the employee’s report of injury by first harassing and then firing her, fabricating various pretextual grounds for wrongfully and maliciously firing Doyle Dennis Avery LLP ’s client as a result of her on the job injury and resulting claim for lawful benefits. Republic Bag Co. retaliated and terminated the injured worker because Doyle Dennis Avery LLP ’s client filed an on the job injury claim, sought worker’s compensation benefits, and instituted a proceeding or caused to be instituted a proceeding under the Texas Worker’s Compensation laws, including reporting that she suffered an injury to her employer under Texas Labor Code § 409.001

Texas’ workers’ compensation laws, including Texas Labor Code Section 451.001, provide a cause of action for discriminatory misconduct and retaliation against a worker injured on the job. Doyle Dennis Avery LLP ’s client was a loyal and hard-working employee of Republic Bag Co., who was injured while working on the job on or about April 15, 2020. Doyle Dennis Avery LLP ’s client was retrieving a roll of bags from a machine as she frequently did before, but the machine pulled her right hand, resulting in injuries to her left middle finger, back, neck, arm, and body generally. The employee reported this work injury to her employer and received medical treatment, as permitted by Texas workers’ compensation laws. By making that report to her supervisor and employer as required by Texas Labor Code § 409.001, the injured worker instituted a proceeding under the Texas Workers’ Compensation laws, as protected by Texas Labor Code § 451.001.

In response to her report of injury and treatment as protected by Texas Labor Code § 451.001 Doyle Dennis Avery LLP ’s client faced discriminatory actions from Republic Bag Co. and was ultimately wrongfully fired on or about June 15, 2020. Employers such as Republic Bag Co. are prohibited from firing or otherwise discriminating against employees for filing workers’ compensation claims, as identified in both Texas Labor Code §451.001 or 29 U.S.C § 215. Doyle Dennis Avery LLP ’s client did not receive the proper protections or rights guaranteed under the Texas Labor Code for injured workers, but was met ultimately with retaliatory and discriminatory firing from her job.

If you have suffered from discrimination, retaliation, termination, or firing after reporting a work place injury to your employer, filing workers’ compensation claim, or other protected actions please contact us. Texas employees, including you, may have the right to pursue a claim against your employer under the Texas Labor Code or Fair Labor Standards Act. The lawyers at Doyle Dennis Avery LLP have decades of experience in representing injured workers under these laws. Doyle Dennis Avery LLP Trial attorneys will ensure you receive the utmost care and we will fight all the way for what you deserve. Our attorneys have decades of successful trial experience and can lend that expertise to you. For a no-cost evaluation of your potential legal claim, contact the lawyers at Doyle Dennis Avery LLP .