PALM BEACH GARDENS, Fla.- The 15th Judicial Circuit Court issued an order on January 25, 2013 granting Plaintiff Victor Leon his motion to add a claim for punitive damages against defendant Guarantee Insurance Company. The order comes after The Fourth District Court of Appeal issued a trial court order compelling production of the insurance carrier’s workers’ compensation claim file on Mr. Leon. Mr. Leon is represented by Leopold Law, P.A., in a civil action seeking damages caused by the intentional misconduct of Guarantee Insurance in the processing of Mr. Leon’s workers’ compensation claim. The Appeal Court order unveiled the defendants gross misconduct, providing the critical evidence required to pursue punitive damages.
In 2006, Mr. Leon was working within the scope of his employment, clearing debris from the roof of a three-story condominium in Stuart. Mr. Leon's employer, Altec Roofing, did not provide any safety equipment for its employees. Tragically, Mr. Leon fell from the building and was paralyzed. As a result of this accident, Mr. Leon will likely be in a wheelchair for the rest of his life and needs assistance for the activities of daily living in order to survive. But Defendant Guarantee Insurance wrongfully denied Mr. Leon access to the medical care and treatment and attendant care he was entitled to under Florida’s workers’ compensation system, which resulted in Mr. Leon’s condition worsening and requiring multiple surgeries. On behalf of Mr. Leon, Leopold Law brought a civil action based on the carrier’s intentional misconduct committed during the claims process.
“Since this litigation was filed back in 2010, Defendant Guarantee Insurance Company has sought to stonewall Mr. Leon’s access to justice,” said Ted Leopold, managing partner of the consumer justice law firm, Leopold Law, in Palm Beach Gardens. He added, "Mr. Leon’s workplace injuries are much worse as a result of prolonged periods without treatment and care, which Guarantee wrongfully denied him. The law provides Mr. Leon with redress for Guarantee’s intentional misconduct, as well as that of Mr. Leon’s employer, and we will continue to pursue a full measure of justice."