This past week, Attorney Brent Eames earned a victory for an injured client before the Workers’ Compensation Commission which included an additional award of over $17,000.00 for penalties and attorney’s fees against the insurance company for what the Arbitrator ruled was unreasonable and vexatious behavior.
Our office represents an injured worker who suffered a significant work-related injury to her knee which required surgery. After she continued to suffer pain and problems following surgery, her treating orthopedic surgeon recommended a second knee surgery. This recommendation was disputed by the insurance company. The Respondent cited the opinions of its independent medical examiner and argued that the proposal for the second surgery was not causally connected to the Petitioner’s work injury.
Given this position, the insurance company refused to approve the proposed surgery, and also terminated our client’s temporary disability benefits. Attorney Brent Eames filed an emergency request for hearing in order to obtain approval for the proposed surgery, as well as reinstatement of the temporary disability benefits. In addition, Attorney Eames filed a penalties petition against the Respondent, arguing that their decisions to refuse payment for the surgery, and to deny all benefits were unreasonable and vexatious, which is the standard to obtain penalties as a matter of law.
Following hearing, the Arbitrator agreed with our arguments and issued an award in our client’s favor on all issues. The Arbitrator ordered the Respondent to pay for the surgery which had been recommended by our client’s treating surgeon, and further ordered the Respondent to pay our client all owed temporary disability benefits. Further, the Arbitrator agreed with Attorney Eames’s argument that the Respondent’s behavior was both unreasonable and vexatious, and ordered that they pay attorney’s fees and penalties totaling in excess of $17,000.00.
Brent Eames never stops fighting for his clients, and he will aggressively push cases to hearing in order to obtain justice when insurance companies attempt to trample on their rights. If you have been injured, you should contact Brent Eames for a free consultation to discuss your legal rights.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Eames Law Group, Ltd.