Doyle Dennis Avery LLP Vs. Auto-Owners, Phoenix, Arizona: Workers Compensation Bad Faith
Doyle Dennis Avery LLP Trial Lawyers filed suit against Auto-Owners Company in the United States District Court for the District of Arizona, in Phoenix, Arizona.
The Plaintiff, a dedicated and diligent auto technician for Little Germany, Inc. and Doyle Dennis Avery LLP ’s client, filed this suit in necessity to collect a legal debt and damages due and owing to Plaintiff because of Defendant’s wrongful acts in handling his claim for worker’s compensation benefits. The Defendant, individually and/or collectively, engaged in conduct that wrongfully denied and/or unreasonably delayed payment of workers’ compensation benefits for workplace injuries sustained by Doyle Dennis Avery LLP ’s client.
On or about July 7, 2017, Plaintiff suffered injuries to his lower back, in the course and scope of his employment, when he lifted a fifty-pound car battery. Plaintiff reported the incident, began treatment from Concentra, and ultimately filed a worker’s compensation claim in connection to the injury he sustained during the scope of his employment.
Having received the worker’s compensation claim, Auto-Owners Company placed an adjuster in charge of processing Plaintiff’s worker’s compensation claim. Plaintiff’s symptoms continued to worsen, and after seeing multiple doctors with additional treatment until Plaintiff was released months later with an approval of light-duty work and a doctor’s request for a medical branch block.
The complaint filed by Plaintiff alleges that instead of approving the course of treatment consistent with the clear confirmation of Plaintiff’s injury, Defendant decided to create a pre-text for avoiding payment of the worker’s compensation benefits – seeking an opinion from a purported expert with a known industry bias. Defendant also denied income and other benefits owed based upon Plaintiff’s physicians’ recommendations and work restrictions by filing various Notices of Claim Status denying any benefits. Rather than paying the owed benefits, Defendant hired an expert, who has been the subject to multiple insurance bad faith and related lawsuits, to prepare a “record review” report regarding the incident. Attempting to close Plaintiff’s claim by using this expert to elicit that Plaintiff required no further care so that Defendant could, and did, cut off Plaintiff’s treatments and benefits entirely.
Consequently, of Defendant’s conduct, Plaintiff was forced to retain a lawyer to help him secure his rightful worker’s compensation benefits. After the initial litigation before the Industrial Commission of Arizona (“ICA”) ruled in favor of Doyle Dennis Avery LLP client and awarded medical and financial benefits. However, instead of accepting the ruling, Defendant appealed the decision without reasonable basis. Given this delay and impediment caused by Defendant’s wrongful conduct, Plaintiff continues to suffer severe economic distress and delayed, urgent medical treatment in which induced significant economic, emotional, and physical damage and torment on Plaintiff.
Doyle Dennis Avery LLP Trial Lawyers represent victims of unlawful denials of worker’s compensation claims. If you or someone you know has suffered from denial or delay of worker’s compensation benefits, you may be entitled to damages caused by the insurance company’s unjust conduct. Contact our office today for an evaluation of your legal claim.