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Hired by a victim of wrongful acts in handling worker’s compensation claims for an on-the-job injury, Doyle Dennis Avery LLP Trial Lawyers has filed suit against Technology Insurance Company, Inc. and Natosha Adger (“Defendants”). This case was filed in the United States District Court in and for the District of Arizona Tuscon Division. The suit alleges that Defendants’, individually and/or collectively, have 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 (“Plaintiff”).

Plaintiff, a devoted employee of Nimbus Brewing Co. LLC, was injured on-the-job on or about September 10, 2015 after falling at work, causing him to briefly lose consciousness, and sustaining injuries to his head and ribs. Plaintiff then began suffering from migraines, vertigo, tinnitus, trouble concentrating, balance and speech issues, and seizure activity.

Technology Insurance Company, Inc. placed Ms. Natosha Adger as the adjuster in charge of processing Plaintiff’s worker’s compensation claim. At that time, Plaintiff was under the care of a certified physical medicine and rehabilitation physician to assess and treat his injuries, who also referred Plaintiff to other physicians for further examinations of his injuries. Plaintiff’s thorough examination that his injuries were consistent with a head injury, and an ocular nerve problem consistent with Plaintiff’s head injury and prescribed eye glasses.

Instead of accepting Plaintiff’s treating physician’s reports, Defendants required Plaintiff attend medical examination with a doctor chosen by Defendants. Both Defendants and their doctor chose to ignore the previous reports of Plaintiff’s injuries and denied Plaintiff’s benefits to which he is entitled.

Plaintiff, forced to employ an attorney to help him secure the worker’s compensation benefits to which he was entitled, pursued his claim through a hearing before the Industrial Commission of Arizona (“ICA”). The ICA ruled that Plaintiff in fact was owed benefits through an award declared on February 20, 2018. The ICA award required Defendants to temporarily pay total and/or partial disability compensation from September 10, 2015 until Plaintiff was found to be medically stable and stationary. Plaintiff produced evidence that proved Defendant owed benefits that was wrongly terminated on December 19, 2016 through the final award on March 29, 2018.

Defendants continued refusal of benefit compensation, ignored communications from Doyle Dennis Avery LLP on behalf of Plaintiff, and ultimately and inaccurately claimed Plaintiff was released to full duty work so that benefits were not owed. All of Plaintiff’s work status reports presented otherwise – which placed him on no-work or light-duty status – all of which the ICA based their award on. Through all the clear evidence, Defendants continue to wrongfully deny Doyle Dennis Avery LLP ’s client his proper worker’s compensation benefits.

Due to the delay and circumvention of Defendant’s benefit payments, Plaintiff has suffered through unnecessary economic, mental, and physical impact and distress.

With a goal of fighting for what’s just, Doyle Dennis Avery LLP Trial Lawyers is devoted to injured workers who suffer from wrongful denial of workers’ compensation claims. If you or someone you know has suffered from an illegitimate denial or delay of worker’s compensation benefits, you may be entitled to damages caused by the insurance company’s negligence. Contact our office for a consultation.