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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.

Wrongful Termination – Personal Injury

Doyle Dennis Avery LLP Trial Lawyers has filed suit against Creative Resource Group LLC n/k/a Onpoint Industrial Services, LLC on behalf of an employee who was terminated following a work injury. The suit was filed under the Texas Labor Code § 451.001, for wrongful termination and discrimination. The case will be heard by a jury in Nueces County District Court, located in Corpus Christi, Texas.

On April 7, 2016, Doyle Dennis Avery LLP ’s client suffered a work injury due to a fall at the Citgo Corpus Christi plant. Doyle Dennis Avery LLP ’s client filed a workers’ compensation claim to ensure that she received medical treatment and income replacement benefits for any time missed from work. Following the claim, Creative Resource Group LLC n/k/a Onpoint Industrial Services, LLC began taking discriminatory actions against Doyle Dennis Avery LLP ’s client. The conduct ultimately resulted in the client’s wrongful firing on or about April 20, 2016 – less than two weeks after her work injury.

The Texas Labor Code gives a workers’ compensation claimant a cause of action against an employer who discriminates against or wrongfully terminates them. Under this statute, Doyle Dennis Avery LLP ’s client is seeking damages to compensate her lost wages and mental anguish, among other damages. In addition, the suit seeks an award of punitive or exemplary damages.

Doyle Dennis Avery LLP ’s attorneys have years of experience and knowledge regarding the representation of injured workers who suffer from discrimination or wrongful termination by their employer. If you or someone you know has been harmed by an employer who engages in discriminatory conduct or wrongful termination following a work injury, please contact our office for an evaluation of your potential claim.

In January 2021, Doyle Dennis Avery LLP and co-counsel filed a suit on behalf of our clients who are nationals of the Republic of Kosovo. The suit was filed against CIGNA Defendants, including Life Insurance Company of North America et al, and AECOM Defendants, including AECOM and AC FIRST LLC. The lawsuit filed in the Superior Court of The State of California County of Los Angeles pertains to our clients’ work in Afghanistan for AECOM as part of AECOM’s contracts to provide support services to the United States military personnel. We are proud to assist our clients seeking the compensation and benefits owed to them for their support of American military in Afghanistan.

In 2016, AECOM was awarded the EAGLE-AFG contract by the Army Contracting Command – Rock Island. The EAGLE-AFG is a cost-plus-fixed-fee contract valued at $429 million with 1 base year and 4 option years. Under this contract, AECOM was to provide maintenance, supply, and transportation services to the U.S. and Coalition partners at several locations in Afghanistan, including Kandahar and Bagram Airfields. AECOM used its entities GSS and AC First to supply this labor and fulfill the contract.

Doyle Dennis Avery LLP ’s clients were employed in Afghanistan from 2012 through 2017 by AECOM. The clients were nominally employed at the time by GSS, but were actually the employees of AC First and AECOM. As part of these contracts for employment, the AECOM defendants represented that they would offer and procure long-term disability insurance for employees working in Afghanistan. Indeed, each of our client’s contract with GSS included, upon agreement of employment, the offer of a benefits plan including Long Term Disability Coverage. The AECOM Defendants told our clients that they had contracted with CIGNA to provide long-term disability insurance. Doyle Dennis Avery LLP ’s clients accepted the coverage with the AECOM defendants and paid monthly for the CIGNA disability insurance coverage through payroll deductions. AECOM after procurement of the policy through CIGNA was provided coverage to employees, like Doyle Dennis Avery LLP ’s clients, who worked for either AC First or, nominally, for GSS. This policy went into effect on January 1, 2017.

Despite this promise of coverage, after our clients sustained disabling injuries, they submitted claims to CIGNA for disability coverage. In response, CIGNA closed the claims and alleged that foreign nationals, like Doyle Dennis Avery LLP ’s clients, were not covered by the CIGNA Policy. Doyle Dennis Avery LLP therefore has filed this lawsuit against both the AECOM Defendants and the CIGNA defendants. Doyle Dennis Avery LLP ’s clients left the safety of their homes in Kosovo to travel into an active war zone in Afghanistan. Our clients provided necessary support for U.S. Military’s operations in the area. During their employment, Doyle Dennis Avery LLP ’s clients were exposed to repeated life-threatening and graphic events, including mortar, rocket, suicide, and ground attacks. These incidents and other work-related accidents left our clients with very severe and permanent pain, disfigurement, injuries and damage. Due to Defendants’ conduct and failure to procure or pay disability benefits, Doyle Dennis Avery LLP ’s clients suffered significant economic damage, humiliation, worry, distress, and continuing economic and physical damage. In denying these claims, misrepresenting our clients’ insurance coverage, and /or failing to produce coverage, Defendants additionally acted with oppression, fraud, and malice.

Doyle Dennis Avery LLP is proud to support our foreign clients as they supported our US Military. Countless Americans and thousands of civilians, like our clients from Kosovo, support American Military operations across the world. If you are one of these individuals and suffered serious injury and suffering due to the gross negligence of American corporations you may have a claim to recover damages for injuries and associated damages. American companies at fault due to gross negligence can be held liable for their behavior if you were seriously injured or harmed as a result. Doyle Trial Lawyers can help you understand your rights and how to pursue a claim against defendants whose negligent behavior results in severe injuries and damage to individuals. Doyle Dennis Avery LLP will not charge you to complete an initial evaluation of your claim. Call us today to discuss your potential claim.

WORKER DENIED INSURANCE BENEFITS AFTER SUSTAINING TRAUMATIC BRAIN INJURY

While working as a Residential Carpenter for TK Brooks Contracting, Doyle Dennis Avery LLP’s client fell approximately fourteen feet from a ladder and sustained a traumatic brain injury. He was then placed in an induced coma and spent four months in the hospital. Due to the severity of his traumatic brain injury, he permanently requires care 24-hours per day.

Arizona law provides that an industrially-injured claimant is entitled to receive compensation for all “medical, surgical[,] and hospital benefits or other treatment, nursing, [etc.] reasonably required at the time of the injury, and during the period of disability.” Sometimes, an injured worker’s family member may be the one providing the home health aide services, including bathing, dressing, performing home exercises, and monitoring the worker’s activities. In those situations, the family member is entitled to compensation for rendering the services in lieu of a third-party caregiver.

After Doyle Dennis Avery LLP’s client was injured, his family was informed that he would need help walking around, getting dressed, and with other daily life activities. Because of the severity of his traumatic brain injury, his Board-certified neurologist determined he cannot be left alone, needs a caregiver to supervise and monitor his activities, and needs a caregiver to be with him to make sure he does not wander away or cause harm to himself.

The Residential Carpenter sought workers’ compensation benefits, including compensation for his wife for the home health and supportive services she provided him. In February 2021, the Industrial Commission of Arizona ordered the workers’ compensation insurance carrier (Carolina Casualty Insurance Company) to pay the long overdue benefits. But still, Carolina Casualty Insurance Company and its third-party administrator, Berkley Net Underwriters, LLC, disputed the amount the Residential Carpenter and his wife were entitled to. Thirteen months later, the Industrial Commission of Arizona correctly determined that Doyle Dennis Avery ’ clients should be compensated at $12.50 per hour for 7 days per week because the Residential Carpenter’s wife assists her husband 49 hours per week. However, the wrongful conduct did not stop there. Even though the insurance carrier and third-party administrator were ordered to pay, they continued disputing the benefits owed.

On March 10, 2022, Doyle Dennis Avery LLP filed suit in Arizona federal court against Carolina Casualty Insurance Company, Berkley Net Underwriters, LLC, and the insurance adjuster. The bad faith insurance lawsuit alleges that the defendants breached the duty of good faith and fair dealing and aided and abetted the breach. Arizona law prohibits insurance carriers and third-party administrators from denying workers’ compensation insurance benefits without conducting an adequate investigation. If your workers’ compensation benefits were unjustifiably denied, call us for a free evaluation of your case.