Key Risk unleashes devils advocates against Mario Seguro-Suarez, Workers comp claimant, Fell 18 feet head-first onto concrete floor, Emergency brain surgery & damage, Accused of fraud & jailed
“Companies don’t want to go to court because it puts them on a level playing field. Courts are ruled by law, legal precedent, and legal discovery, which allows litigants to obtain information and evidence from their opponents or from third parties.”…North Carolina Consumers Council
“The insurance companies understand that if they deny and deny claims, then many of the claimants will never pursue their claim,”…ABC News Good Morning America April 25, 2008
“For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”…Ephesians 6:12
If the following is true, I hope that Key Risk is sued for every penny they have and put out of business.
From the Charlotte Observer via InsuranceNewsNet.com October 23, 2018.
“Company couldn’t cut disabled worker’s benefits, so it ‘went rogue,’ lawyer says
In 2003, after Mario Seguro-Suarez fell 18 feet head-first onto the concrete floor of his Lincolnton workplace, his employer and its insurance carrier acknowledged that his disabling brain injury qualified him for workers’ compensation benefits.
Court documents reveal the lengths that Key Risk Insurance Co. went not to pay them.
The Greensboro-based company disregarded years of medical opinions — including several from its own doctors — that Seguro-Suarez was indeed left disabled from his fall at the Southern Fiber factory, documents show.
Over the past 15 years, Key Risk has made multiple trips to courts and before the N.C. Industrial Commission to argue that Seguro-Suarez has been faking his symptoms and that his benefits should be cut off.
When the company lost those fights, it kept appealing — and losing.
When all else failed, says veteran Charlotte attorney Woody Connette, Key Risk “went rogue.”
First, it had the idled worker followed and videotaped for weeks, court documents say. A private investigator then took what a detective would describe as misleading information to Lincolnton police to accuse Seguro-Suarez of insurance fraud. He was arrested, jailed and later indicted.
The charges were thrown out in 2014, drawing a withering rebuke from the Lincoln County judge who heard them.
Now, Seguro-Suarez and his attorneys are suing Key Risk and others for malicious prosecution. In September, the N.C. Court of Appeals — the state’s second highest judicial body — refused the company’s motion to have the 2016 lawsuit thrown out.
“I have seen some outrageous abuses of the system by insurance companies, but this is the most outrageous,” Connette told the Observer.”
“Seguro-Suarez’ fall in January 2003 left him in a coma and put him on a respirator.
Following emergency brain surgery at Carolinas Medical Center in Charlotte, the Costa Rican native was unable to clothe, feed or clean himself, documents say. He also displayed radical mood swings and was deemed incapable of returning to work.
A doctor who treated Seguro-Suarez described him as “childlike.” One of his workers’ comp attorneys, Rick Anderson of Charlotte, says multiple tests place Seguro-Suarez’ current IQ at around 70, in the bottom 1 percent of all North Carolinians.”
“In October 2014, Seguro-Suarez was arrested on 25 felony counts, including insurance fraud and obtaining property under false pretenses, documents indicate.
The criminal case against him began crumbling early on. After his first court appearance, a psychologist with the state prison system found Seguro-Suarez mentally incapable of standing trial, documents say.
Superior Court Judge Forrest Bridges of Lincolnton ridiculed the charges.”
“In October 2016, Seguro-Suarez sued for malicious prosecution. The complaint names Key Risk and four of its employees, including Senior Vice President Joseph Abriola, as defendants. Hill, the investigator, is also included.
Key Risk appealed. In January 2017, Superior Court Judge Jesse Caldwell of Gaston County refused to dismiss the complaint. Again, Key Risk challenged the ruling, this time to the Court of Appeals. In September, Key Risk again lost.
In June, the Industrial Commission rejected the latest company latest appeal and locked in Seguro-Suarez’ benefits for life.”