Doyle LLP has filed a workers’ compensation bad faith lawsuit against AIG Insurance (“AIG”) on behalf of a plaintiff who experienced denied claims leading to permanent physical damage. This case is filed in United States District Court in Phoenix, Arizona.
Our client, an experienced flight attendant for Mesa Airlines, damaged her lower back while performing routine security checks before a flight began its take-off roll. Her bending-twisting motion while securing a passenger triggered spinal pain and immediately prevented her ability to continue flight management duties. She then experienced a cycle of subpar medical evaluations as both a physician at Concentra Medical Clinic and AIG’s Independent Medical Examiner (IME) concluded she only had a minor strain.
Continuing discomfort compelled this plaintiff to seek her own medical evaluations. Her independent physician found microsurgery was needed to surgically decompress two bulging spinal disks from the accident.
In violation of AIG’s obligation to process our client’s claim in ‘good faith and fair dealing” the insurer ignored the private physician’s findings and wrongfully denied all surgery requests. Good faith actually requires workers’ comp providers seek out and consider any medical evaluations beneficial to the insured. AIG’s illegal outcome-driven approach continued as it filed a Notice of Claim Status form with the Industrial Commission of Arizona (ICA) which directly resulted in a rejection of all benefits.
Without assistance, and more than seven months after the incident, our client had no option besides using her own insurance to repair her excruciating disfigurement. She received no reimbursements following the surgery and had to hire a lawyer to secure compensation.
Though this client finally received a binding award from the ICA, AIG delayed another ten months, withholding repayment for the surgery, deductibles, or even her travel costs to the IME examinations that AIG scheduled hundreds of miles from her home. This defendant even benefitted from its unlawful tactics by successfully negotiating for lower payments with the surgeon and was even paid under its contract to engage in savings strategies that harmed its insured.
Our Arizona Workers’ Compensation Bad Faith Specialists provide a level of client-focused result-driven representation that ensures each client the greatest chance of obtaining maximum recovery amounts. If you or someone you know feels a workers’ comp provider is engaging in bad faith tactics to escape providing proper payment on a claim, contact us at (844) 707-7904 for a free-no risk consultation.