CHARLESTON — An employee is suing an insurance company and a physician, citing alleged fraud and deception.
Jeffrey Ford filed a complaint in Kanawha Circuit Court against Brickstreet Mutual Insurance Company and Jack S. Koay, MD alleging that the defendants created false justification in order to deny benefits and further medical treatment or diagnostic studies to plaintiff.
According to the complaint, on Feb. 6, 2015, while working within the course and scope of his employment for United Coal, Jeffrey Ford received an injury that is covered to receive temporary total disability benefits.
Despite being entitled to medical benefits, plaintiff was allegedly denied by defendants by the issuing of false medical statements.
The plaintiff alleges the defendants fraudulently issued a claim decision and represented to the Office of Judges of the Workers' Compensation Division false assertions of fact and erroneous or evasive opinions to justify a denial of indemnity benefits (wage replacement) and to deny further liability for future medical treatment for plaintiff's severely injured knee.
The plaintiff requests a trial by jury and seeks judgment for compensatory and punitive damages, attorney's fees, costs incurred, together with prejudgment interest, and such other relief as the Court may seem equitable and just. He is represented by James D. McQueen and Sara E. Chapman of McQueen Davis, PLLC in Huntington.
Kanawha Circuit Court Case number 18-C-1346