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Callan Stone is in a tough battle against corrupt “insurance medical examiners”—doctors often hired by insurers to fraudulently terminate workers’ compensation medical care and other benefits to which injured workers are lawfully entitled.
He is also battling against a corrupt system in his state
that insulates such doctors from accountability.
Callan is fighting not only for his own rights as an injured worker, but the rights of others similarly harmed by so-called "insurance medical examiners."
On September 9, 2019, the Utah Supreme Court declined to hear Callan’s lawsuit against the insurance medical examiner who caused him permanent injury as a result of her fraudulent “insurance examination.” In doing so, the high court implicitly upheld the district court’s finding in January 2019 that insurance medical examiners are protected by “state policy” from all liability for harm they may cause injured workers by their failure to follow state law.
Even though Callan lost this judicial
round in his battle, he is determined to pursue whatever administrative remedies
are available at the Utah Labor Commission to correct loopholes in workers’ compensation rules that allow misapplication of clear legal requirements—as occurred in his case and as is common in hundreds of others.
If you know someone deprived of needed care as a result of an unjust “insurance medical exam,” or would like to protect the public from such fraudulent exams, please help Callan with his determined efforts to finally put an end to this widespread corruption!Costs to date
Over the past three years, Callan’s legal battle has cost him an estimated $50,000 of his medical / special needs fund created from settlements he received from the drivers who caused his work-related accident described below. He needed this fund to help him with his future needs due to his impairments
. That fund is now almost all gone, as a result of this prolonged uphill battle.
At this point, any amount you could donate would help
to defray Callan’s ongoing costs.The problem
In Utah, and in many other states, insurers are allowed to terminate injured workers’ legally guaranteed medical care and other benefits on the recommendation of an “insurance medical examiner”
who is often paid by the insurer to fraudulently terminate their benefits. This problem is far worse than most people realize
—until they, or someone they know, gets seriously injured at work.
Not only did this happen to Callan—in a way that caused him additional injury after a near-fatal work-related accident
—but he knows of many others similarly harmed, including at least one man he is aware of who died as a result of unlawful termination of his workers’ compensation medical and other benefits.
But the district judge in Callan’s medical malpractice case against the doctor who prematurely ended Callan’s care ruled that insurance medical examiners are protected by “state policy” from any liability for harm they may cause.
On the basis of that unjust ruling, the judge made other legal errors as well, and then added, “Maybe I’m wrong.” Callan’s accident and its aftermath
On September 27, 2012, Callan was driving to a plumbing job in Springville, Utah, when he was in a near-fatal freeway accident involving a semi-truck. He suffered multiple injuries and had to undergo a brain operation for a subdural hematoma and midline brain shift. After surgery, he developed bacterial meningitis, which left him with numerous serious impairments.
These injuries were covered by his employer’s workers’ compensation policy.
Six months after his accident, the insurer enlisted an in-house “insurance medical examiner” to drop Callan’s medical and related benefits, even though he still had serious unhealed injuries that prevented him from returning to work.
This loss forced Callan to re-enter the workforce with severe impairment, including debilitating daily head pain triggered by significant exertion, related debilitating dizziness and sleep deprivation, cognitive deficits, and serious problems with his injured jaw, legs, knees, hips, tailbone, and back.
Within two years, Callan lost three successive low-paying, part-time jobs without his needed medical treatment, severely aggravating his initial work-related injuries. He then lost a menial part-time job stocking shelves in a grocery store after working there two years (during which he seriously injured his back
due to unhealed injuries to his legs, knees, hips, and back). He lost all these jobs—including an esteemed opportunity as an EMT—for liability reasons due to his health.
Over six years, Callan earned a total of $20,284
—an average of $3,220
a year—working as hard as he could with his impairments.Callan’s accident settlements
About two years after his accident, Callan succeeded (with the help of a workers’ compensation attorney) in obtaining significant settlements from the two drivers who caused his accident-related injuries. He used most of this settlement money to obtain a 6-acre farm near his family’s farm in rural Utah as a way to protect his funds, and he put the rest into a medical / savings fund.
Callan plans to sell his farm to recover his protected funds and use the funds to possibly put a home (for himself and his wife Julie) next to his parents’ home on the family’s ten acres—an option created in August 2019 by the county commission to increase moderate income housing in the region. Meanwhile, his medical / savings fund is nearly exhausted; he plans to use any funds left over from placing a home on the family farm to replenish that fund for Callan’s future.EMT job
In April 2019, Callan was offered his prior job back as an EMT at the local fire department, and he has now worked there several months—this time as an Advanced EMT, since he obtained additional training after he lost his earlier opportunity due to his health. Regaining his EMT job enabled him to get married on May 1, 2019.Unfortunately,
the EMT job pays barely minimum wage, and he is still forced to dip into his now severely depleted medical / savings fund to meet his and Julie’s needs and obligations. It would help him greatly if he had a little cushion from supportive donors to help at this critical time as he seeks (with his dad’s help) to correct loopholes in the existing worker compensation rules at the Labor Commission.
This time-consuming effort will likely be followed by doing the same thing at the Legislature.Please help Callan continue with his battle!
If you would like to help Callan succeed in his efforts to rein in lawless “insurance medical examiners” in Utah—a result that would, in turn, possibly influence policy in other states—PLEASE DONATE and share this page.