Archive for June, 2011
On June 17, 2011, United States Senator Joe Manchin of West Virginia (D), a member of the Senate Armed Services Committee, introduced a provision in the Defense Authorization bill to immediately finalize a report on the hazardous situation at the Qarmat Ali Water Treatment Facility, an installation under the oversight of defense contractor KBR. The Department of Defense issued a partial report in September 2009, but key questions remained unanswered because of the delay in the release of the second half of the report, which has been overdue since late 2010. Senator Manchin has called on the Secretary of Defense to ensure that the second part of the review is completed expeditiously and submitted to the Congressional defense committees within 60 days.
“These brave servicemembers and their families have waited far too long for answers,” Senator Manchin said. “They deserve to know the truth about what happened to them and why. They also deserve to know that their government and their elected representatives in Congress will do everything possible to make sure they – and all our veterans – get the respect and help they deserve. I hope that this report finally sheds light on the truth these brave servicemembers deserve and have deserved for years.”
Doyle Raizner currently represents National Guard soldiers and members of the British Royal Air Force in their lawsuit against KBR for exposure to sodium dichromate (hexavalent chromium) at the Qarmat Ali water treatment plant.
More information is available here.
On June 16, 2011, Doyle Raizner filed a workers’ compensation bad faith lawsuit against Fidelity & Guaranty Insurance Company, third-party adjuster Gallagher Bassett Services, and their adjuster, on behalf of an employee injured on-the-job in March 2010. Fidelity and Gallagher Bassett denied the claim, even though the employee’s accident was witnessed by several co-workers, including the employee’s supervisor, who took the employee to the hospital after his accident.
Despite all of the information available, Fidelity and Gallagher Bassett denied the injured employee any rightful benefits until being forced to pay by the Texas Department of Insurance, Division of Workers’ Compensation.
Doyle Raizner will assist the injured employee in holding Fidelity, Gallagher Bassett, and their adjuster responsible for their groundless denials of medical and income benefits.
Trial began on Monday, June 13, 2011, in the case of Jamie Leigh Jones, a former employee of KBR, who alleges she was assaulted and raped by co-workers in Iraq. Jones, who was 20 at the time, has alleged that after the assault, she was confined by KBR security until the intervention of U.S. Representative Ted Poe (R-Tex.).
Jones’s trial in US District Court comes after the Fifth Circuit ruled against KBR, finding that Jones’s employment contract did not require her claims to be arbitrated. KBR appealed that ruling to the Supreme Court, which declined to consider the case.
Doyle Raizner LLP represents persons injured by the negligence and/or wrongdoing of military contractors. The firm is currently engaged in litigation against KBR on behalf of members of the US National Guard and the British Royal Air Force.
The Texas Department of Insurance on June 13, 2011, released final disciplinary decisions for violations of Division of Workers’ Compensation rules. Among these fines were the following insurer violations:
- Zurich [$9,000]: Failed to timely pay medical bill or to pay medical bill according to Division Medical Fee Guidelines; Failed to accurately submit medical bill and payment data; Failed to comply with order or decision of Commissioner or TDI-DWC; Failed to timely reimburse injured employee for travel expenses.
- Hanover Insurance Company of Worcester, MA [$15,000]: Failed to comply with order or decision of Commissioner or TDI-DWC; Failed to accurately submit medical bill and payment data.
- The Hartford [$5,500]: Failed to timely pay income benefits to injured employee; Failed to timely pay attorney fees.
- Indemnity Insurance Company of North America (AIG/Chartis) [$15,500]: Failed to comply with order or decision of Commissioner or TDI-DWC; Failed to timely pay income benefits to injured employee.
- New Hampshire Insurance Company (AIG/Chartis) [$5,000]: Failed to timely pay income benefits to injured employee.
- XL Insurance America Inc. of Exto.n, PA [$7,000]: Failed to accurately submit medical bill and payment data
- Zurich [$10,000]: Failed to timely pay medical bill or to pay medical bill according to Division Medical Fee Guidelines; Failed to sufficiently explain reasons for the reduction or denial of payment for health care services; Failed to pay for preauthorized medical services.
These are fines paid to the state for violations of DWC rules and the Texas Insurance Code. Doyle Raizner is committed to helping individuals who have been harmed by such violations when they amount to bad faith activity by an insurance carrier. Click here for more information about the wrongful handling of workers compensation cases.
The complete list of fines is available here.
Doyle Raizer filed a workers’ compensation insurance bad faith lawsuit on June 13, 2011, against AIG/Chartis Insurer New Hampshire Insurance Company/American Home Assurance Company (AIG) and its adjuster. The suit was filed on behalf of an employee who was injured while working on the job in November 2010. Despite knowing of their obligation under the law to take care of the injured employee, AIG completely denied the claim. As a result, the injured employee was left without the medical care and income benefits AIG owed her under the law until winning her case at a hearing in front of the Texas Department of Insurance, Division of Workers’ Compensation.
Doyle Raizner stands with the injured employee in her continuing fight against AIG and its adjuster for their knowing violations of the law.