Vidor man seeks compensation for work-related injury

Kelly Holleran Sep. 10, 2009, 11:20am

A Vidor man and his wife say an insurance company wrongfully denied the man's workers' compensation claim.

Donald R. and Mattie Moran filed a lawsuit Sept. 8 in Jefferson County Circuit Court against New Hampshire Insurance Co., ESIS Inc. and Martha L. Sommer.

Donald R. Moran says he was involved in a workplace injury on Oct. 11, 2007, which resulted in herniated discs, pseudoarthritis and radiculopathy.

However, New Hampshire Insurance Co. refused to pay benefits, even though they were ordered to do so in accordance with a CCH decision, according to the complaint.

Before denying the benefits, New Hampshire Insurance Co. and adjuster Martha L. Sommer failed to conduct a reasonable investigation, refused to recognize that Donald R. Moran sustained a compensable injury, violated Texas Insurance Code and asserted a "frivolous" basis as a reason to deny the injury, the suit states.

Sommer worked for ESIS at the time she adjusted Donald R. Moran's claim, the complaint says.

The Morans are seeking an unspecified judgment, plus pre- and post-judgment interest at the legal rate, costs and other relief the court deems just.

Ethan L. Shaw and John P. Cowart of Moore Landrey in Austin will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Cour

Jefferson County District Court case number: E184-858.

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