Dear Senior Senator Catherine Cortez Masto:

I need your help.

I was injured September 19, 2019 while piloting a hot air balloon air tour for my employer Sin City 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, Sin City’s workers comp insurer, LIBERTY MUTUAL, through their claim’s adjustor, ASHLEE ISBELL and their attorney DANIEL SCHWARTZ denied coverage first on Oct 1st 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 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, workers comp attorney, JASON WEINSTOCK, esq. to assist in my disputes. LIBETY MUTUAL’s in-actions have overburdened the courts with appeals so far resulting in six (6) completed and twenty (20) plus hearings pending.

How you can help

I understand that you can not help with the court proceedings or get involved with the attorneys. However, you can investigate about the lack of assistance from Nevada entities that are empowered to investigate and enforce Nevada laws including bad faith and breach of contract, to the detriment of your constituents. Costing millions of dollars in Nevada tax revenue.

 

 

I have had communication with the following personnel without success.  Some stating that the issue is an “administrative issue” -It is a bad faith, breach of contract issue!

  • MICHAEL RYAN, investigator
  • ROBERT MCLENDON, investigator
  • HARRIS, investigator
  • JANA HERMANN, Chief Compliance Audit Investigator
  • VANESSA SKRINJARIC Investigator
  • MICHAEL VANNOZZI, Rep. SUSIE LEE 3rd district

A quote from your Department of Business and Industry’s website and I quote: “WCS ensures that Nevada workers injured on the job receive the benefits for which they are entitled.” 

What are you going to do to help?

Thank you in advance for your assistance

 

Kevin Cloney

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