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Doyle Dennis Avery LLP has filed suit against AIG Insurance Company (“AIG”) and its assigned claims adjuster to collect damages following defendants’ wrongful acts in handling plaintiff’s claim for an on-the-job injury. Our client, a loyal and hard-working employee of Northrop Grumman Corporation, was adjusting a radar box when he twisted his back and experienced an immediate onset of pain. Unable to move, he had to call for assistance by using his cell phone.

A private examination conducted through our client’s own insurance led to a diagnosis of multiple disc herniations stemming from the work-related injury. In order to alleviate the painful condition, the physician offered a spinal discectomy to remove the herniation and treat related tears in the area.

However, upon receiving our clients workers’ compensation claim, AIG violated its duty of “good faith and fair dealing” to our client by doing all it could to delay and deny payment for treatment. The duty of good faith requires that AIG accept undisputed evidence regarding a claim and not ignore or refuse to weigh information favorable to the insured. Instead of acting as required, the assigned adjuster continually denied requests for surgery and forced our client to be examined by multiple Independent Medical Examiners (IME’s) – physicians employed by the insurance company.

Though a second IME confirmed the need for surgery, the adjuster filed a Notice of Claim Status form with the Industrial Commission of Arizona, which created the direct result of ceasing and denying all medical and income benefits.

After being subjected to significant economic impact, humiliation, worry, distress, and continuing physical pain, our client had no choice other than to undergo surgery using her own insurance. To add insult to injury, even after the defendants later accepted the claim for benefits, they did not reimburse her deductibles and medically related out-of -pocket expenses.

Instead, AIG began negotiating lower payments with the medical provider who conducted the back surgery and received a percentage of the savings, or a fee for its services.

The Worker’s Compensation Bad Faith Practice of Doyle Dennis Avery LLP routinely forces insurance companies into compliance with the law and has assisted hundreds of clients restore their lives after experiencing similar calamity. If you or someone you know has fought within the Arizona workers compensation and won their benefits after a prolonged and unnecessary delay, contact Doyle Dennis Avery LLP today.