Personal Injury – FELA
Doyle Dennis Avery LLP Trial Lawyers has filed suit against Katoen Natie Gulf Coast, Inc. (“Katoen Natie”) for injuries suffered while working as a railroad employee, operating a locomotive.
Doyle Dennis Avery LLP Trial Lawyers has filed suit against Katoen Natie Gulf Coast, Inc. (“Katoen Natie”) for injuries suffered while working as a railroad employee, operating a locomotive.
On September 28, 2016, a Wake County Superior Court Jury (Raleigh, North Carolina) found that former North Carolina State Trooper Reginald Newberne had been wrongfully fired by the Department of Public Safety for reporting misconduct by other troopers implicated in the unjustified assault of a young man during an arrest and awarded compensatory damages of $1.9 million, including $700,000 in economic damages to Mr. Newberne’s career and $400,000 in non-economic damages. The jury also found that the violation was willful, entitling Mr. Newberne to attorneys’ fees, costs, and potentially additional damages.
On March 29, 2017, a Harris County District Court Jury (Houston, Texas) found that Memorial Hermann Health System defamed and disparaged surgeon Dr. Miguel Gomez III. The jury also found by clear and convincing evidence that through the defamation and disparagement, Memorial Hermann specifically intended to cause substantial injury or harm to Dr. Gomez.
Doyle Dennis Avery LLP Trial Lawyers filed suit against Auto-Owners Company in the United States District Court for the District of Arizona, in Phoenix, Arizona.
The Plaintiff, a dedicated and diligent auto technician for Little Germany, Inc. and Doyle Dennis Avery LLP ’s client, filed this suit in necessity to collect a legal debt and damages due and owing to Plaintiff because of Defendant’s wrongful acts in handling his claim for worker’s compensation benefits. The Defendant, individually and/or collectively, 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.
On or about July 7, 2017, Plaintiff suffered injuries to his lower back, in the course and scope of his employment, when he lifted a fifty-pound car battery. Plaintiff reported the incident, began treatment from Concentra, and ultimately filed a worker’s compensation claim in connection to the injury he sustained during the scope of his employment.
Having received the worker’s compensation claim, Auto-Owners Company placed an adjuster in charge of processing Plaintiff’s worker’s compensation claim. Plaintiff’s symptoms continued to worsen, and after seeing multiple doctors with additional treatment until Plaintiff was released months later with an approval of light-duty work and a doctor’s request for a medical branch block.
The complaint filed by Plaintiff alleges that instead of approving the course of treatment consistent with the clear confirmation of Plaintiff’s injury, Defendant decided to create a pre-text for avoiding payment of the worker’s compensation benefits – seeking an opinion from a purported expert with a known industry bias. Defendant also denied income and other benefits owed based upon Plaintiff’s physicians’ recommendations and work restrictions by filing various Notices of Claim Status denying any benefits. Rather than paying the owed benefits, Defendant hired an expert, who has been the subject to multiple insurance bad faith and related lawsuits, to prepare a “record review” report regarding the incident. Attempting to close Plaintiff’s claim by using this expert to elicit that Plaintiff required no further care so that Defendant could, and did, cut off Plaintiff’s treatments and benefits entirely.
Consequently, of Defendant’s conduct, Plaintiff was forced to retain a lawyer to help him secure his rightful worker’s compensation benefits. After the initial litigation before the Industrial Commission of Arizona (“ICA”) ruled in favor of Doyle Dennis Avery LLP client and awarded medical and financial benefits. However, instead of accepting the ruling, Defendant appealed the decision without reasonable basis. Given this delay and impediment caused by Defendant’s wrongful conduct, Plaintiff continues to suffer severe economic distress and delayed, urgent medical treatment in which induced significant economic, emotional, and physical damage and torment on Plaintiff.
Doyle Dennis Avery LLP Trial Lawyers represent victims of unlawful denials of worker’s compensation claims. If you or someone you know has suffered from denial or delay of worker’s compensation benefits, you may be entitled to damages caused by the insurance company’s unjust conduct. Contact our office today for an evaluation of your legal claim.
A proposed bill in the Arizona legislature aimed at protecting first responders who are suffering from Post-Traumatic Stress Disorder, also known as PTSD, has caught the attention of the news media.
Unfortunately, the handling of workers’ compensation claims for police officers and firefighters who suffer from PTSD often falls short. Some of the tactics that have been used include: automatically denying all PTSD claims and using biased “Independent” Medical Exams or IMEs as a way to cut off workers’ compensation claims.
The bill in the Arizona legislature is aimed at forcing municipalities, including the City of Phoenix and City of Mesa, to accept claims in order to ensure that first responders get the treatment that they need.
Doyle Dennis Avery LLP has been retained by officers in the City of Phoenix and City of Mesa who have had their PTSD claims denied. These cases, which are pending in Maricopa County Superior Court, allege that the City of Phoenix, through its claims adjusters at York Risk Management Services, and the City of Mesa have denied police officer PTSD claims in bad faith.
If you are a first responder, such as a police officer for firefighter, and have suffered from PTSD in the line of duty, please contact Doyle Dennis Avery LLP for an evaluation of the merits of your claim.