February 12, 2021
Dear Governor Sisolak:
Over 500 days ago I was injured as a result of a work related injury. The workers comp court has ruled in my favor (Hearing # 2106955) and LIBERTY MUTUAL has accepted liability (Claim # WC617-A16640.) However LIBERTY MUTUAL’s)claims adjuster ASHLEE ISBELL has blatantly obstructed compensation causing undue medical and financial hardship for myself and overburdening the court system with more than twelve outstanding appeals for compliance.
My work related accident was on September 12, 2019 and when it became apparent that LIBERTY MUTUAL was following their notorious“deny and delay” tactics (see: http://www.decof.com/documents/the-ten-worst-insurance-companies.pdf ) I filed complaints with Nevada’s oversight entities including the Nevada Division of Industry and the Attorney General’s office. Both have been unable to resolve my complaints therefore I am reaching out to you for assistance and enforcement.
Based on Nevada law, administrative fines and benefit penalties for certain violations can be instituted under TITLE 53 LABOR AND INDUSTRIAL RELATIONS, Chapter 616D Industrial Insurance: Prohibited Acts; Penalties; Prosecution
LIBERTY MUTUAL has violated multiples of these actions (see highlighted area below) from Nevada law NRS 616D.120 in reference to my complaint:
3(c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
(1) Later than 10 days after the date of the settlement agreement or stipulation;
(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or
(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;
(d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(f) Failed to comply with the Division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;
(g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165;
(h) Engaged in a pattern of untimely payments to injured employees; or
(i) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617
As the Nevada Division of Industry and Nevada Attorney General’s office have been unable to motivate LIBERTY MUTUAL to provide compensation for the accepted liability, I request your assistance in appropriately fining them until the compensation is provided. The actions of LIBERTY MUTUAL continue to overburden the court system and cost Nevada’s government unnecessary expense. Therefore, I implore your immediate attention to resolve this matter.
I look forward to receiving your actionable plan for correction of this situation in a timely manner.
Sincerely,
Kevin Cloney
Cert# 7020-1810-0001-1294-1221