Twice a Victim

I was injured September 19, 2019 while piloting a hot air balloon air tour for my employer Sin City Vegas Hot Air ballooning. While I was attempting to land, I was caught in a convective wind (dust devil) which slammed my aircraft onto the caleche rock covered desert ejecting me and causing me to roll for tens of yards. Seriously injured I was ground transported via ambulance to UMC Trauma to address my injuries including right-side paralysis.

Initially, the workers comp insurer, LIBERTY MUTUAL, through their claim’s adjustor, ASHLEE ISBELL and their attorney DANIEL SCHWARTZ denied coverage, first on Oct 1^st as “drivers over 60 years of age are not covered” -I was flying. Secondly lack of receipt of the FAA’s accident report-Nevada is a non-fault work comp state. Third lack of verification of employment-a C-4 and an employer D-8 form was filed with the insurance company.

On September 20, 2020, with the professional assistance of, JILL A. KOLOSKE, esq. of the Nevada Attorney for Injured Workers (NAIW) we were able to receive a favorable judgment. Claim no. WC617-A16640, Hearing No. 2005112-TH, Appeal No. 2008519-DM. Finally, 397 days after the accident on October 12, 2020 LIBERTY MUTUAL provided a Notice of Claim Acceptance as required by NRS 616C.065.

Now over 573 days after the accident LIBERTY MUTUAL has continued their notorious “deny delay and defend” tactics by not providing any temporary disability benefits, medical assistance, and denying  private insurance paid, co-pays and deductibles. In addition, I was denied access to an Independent Medical Examiner, IME, until court ordered on March 3, 2021 Hearing No: 2106173-RS which findings were also denied. As a result of their actions, I hired, professional workers comp attorney, JASON WEINSTOCK, esq. to assist in my disputes. LIBERTY MUTUAL’s in-actions have overburdened the courts with appeals so far resulting in six (6) completed and twenty (20) plus hearings pending.