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Doyle Dennis Avery LLP has initiated suit against Indemnity Insurance  (“Indemnity”), Gallagher Bassett Claims, Inc. (“Gallagher”), and the assigned claims adjuster for defendants combined efforts in wrongfully processing plaintiff’s claim for workers’ compensation benefits following his at-work injury.

Plaintiff, a hardworking driver for Waste Management Inc., was carrying a heavy hose to and from sanitation sites when he suffered a crushing injury to his right hand. He continued working as pain radiated through his hand, shoulder, and back. The strenuous routine of handling the hose later caused spinal pain forcing him to report his extent of injuries.

Upon receiving our clients claim for workers’ compensation, Indemnity and Gallagher placed an adjuster over the case that performed an unreasonable investigation and caused a Notice of Claim Status form to be filed with the Industrial Commission of Arizona (ICA) –  which directly denied our client all benefits.

Our client sought a medical examination through his own insurance due to continuing spinal pain along with right arm numbness that continued into his hand. Internal medicine physician Dr. John Post recommended Maricopa Integrated Health Systems perform an MRI which later revealed large disc herniations and severe cord deformity.

The defendants violated the duty to process our client’s claim “in good faith and fair dealing” by ignoring Maricopa’s medical documentation which found our client’s industrial at-work accident now required surgical intervention. With no other option, the plaintiff underwent fusion surgery through use of his own insurance and retained an attorney to continue the fight for wage and medical compensation.

A proceeding before the ICA finally secured long overdue benefits from Indemnity, but the defendants continued to withhold funds. The extensive delay and denial of assistance has caused this client continuing mental and financial distress, along with permanent disfigurement due defendant’s refusal to provide rehabilitation therapy. Our client has also been sued by a collection agency for surgery bills after the adjuster denied liability, even though the claim had already been deemed compensable by the ICA at that time.
The Workers’ Compensation Bad Faith Practice of Doyle Dennis Avery LLP will aggressively fight to protect the rights of this client. Our professionals are nationally-recognized for their ability to restore the lives of injured workers whose workers’ comp claims have been wrongfully denied. If you have been denied full benefits after submitting a valid claim for assistance, contact Doyle Dennis Avery LLP , today.