On March 17, 2021, Cohen Milstein’s Theodore J. Leopold, Leslie M. KroegerDiana L. Martin, and Rachael N. Flanagan filed a lawsuit against Sterling Jewelers, Inc., Gallagher Bassett, and Miriam Christine Kolbo on behalf of Warren Mostow. Mostow was injured while working at Kay Jewelers in Palm Beach County, Florida, and, alleges that due to intentional misconduct by his employer and its workers’ compensation servicing agent, was unable to receive urgent surgery, causing him to suffer prolonged and extreme pain, severe emotional distress, and permanent injury.

Case Background

While working as a sales representative at Kay Jewelers, owned by Defendant Sterling Jewelers, in Palm Beach County, Plaintiff Mostow tripped over a co-worker’s rolling stool and fell to the ground, significantly injuring his low back.

Mostow’s workplace injury was covered under a workers’ compensation policy of insurance self-funded by Sterling Jewelers and serviced by Gallagher Bassett. Plaintiff Mostow alleges that Defendants Sterling and Gallagher Bassett, as well as the adjuster Miriam Christine Kolbo, breached their fiduciary duty to put the interests of Plaintiff’s health and welfare over their own financial interests, and engaged in the intentional infliction of emotional distress through their callous disregard of his dire health condition and refusal to provide him with urgent care. .  

Mostow seeks damages for permanent personal injuries, severe emotional distress, lost wages, and other harm caused by the Defendants’ intentional acts committed during the course of his workers’ compensation claim.

This case is named: Mostow v. Sterling Jewelers, Inc., et. al., Case No. 123261879 (Cir. Crt., Palm Beach County, Fla.)