SO WE PROVIDED EVIDENCE TO EXPOSE THEIR MERITLESS LEGAL GAMESMANSHIP CIGNA Refused to Pay Benefits in a Tragic Bathtub Drowning
Eleven thousand years ago, the indigenous people first started constructing the southern mound (Mound B) by taking dirt from behind LSU’s Hill Memorial Library and building the structure to about half its current height. Then, around 8,200 years ago, they abandoned the mound for 1,000 years before they started constructing Mound A. “We don’t know why they abandoned the mounds around 8,200 years ago, but we do know their environment changed suddenly and dramatically,” Ellwood said. The people there made Mound A by taking mud from the floodplain near the entrance to LSU’s Tiger Stadium and using that mud; they created Mound A layer by layer until it, too, sat at about half its current height. Ellwood and his colleagues believe the indigenous people then completely cleared Mound B to rebuild it to its current and complete height before going back to finish Mound A.
One of our clients was the beneficiary of an accidental death insurance policy underwritten by CIGNA, insuring the life of their beloved 40-year- old daughter. She was their pride and joy, a wonderful soul, and a gift to the many she touched, and she had an exceptionally successful career. She was at a casino resort while on a getaway with her fiancé and some friends when she announced she was tired and went to her room. When her fiancé returned to their room later, he was shocked to find water flowing out from under the door into the hall, and his fiancé drowned in the bathtub. The policy was governed by ERISA and had been issued as part of her employment benefits plan. CIGNA refused to pay the beneficiary, citing policy exclusions for deaths “caused by voluntary ingestion of any narcotic or drug unless prescribed and taken as prescribed.” Her post-mortem blood tested positive for alcohol, Ambien (a powerful sleep medication prescribed for insomnia), Lexapro (an anxiety and depression medication), and Phentermine (prescription amphetamine). The Ambien and Lexapro were prescribed by her physician and found by CIGNA’s toxicology expert to be only at “therapeutic,” or as prescribed, dosage levels when she drowned. According to the same toxicologist, the amphetamine, while not prescribed by her physician, would only have countered any drowsiness effects of the combined alcohol and prescribed drugs. CIGNA argued that an informational insert is received with an Ambien prescription and advises against taking it with alcohol; thus, the medications were not “taken as prescribed.” However, CIGNA’s toxicologist admitted that, while inserts are usually given to patients, he had no idea if it was in our case. The administrative record contained no evidence that she actually received the insert or that her physician (or any other source) communicated that she should abstain from alcohol. We argued that the exclusion, at best, was ambiguous as to what “as prescribed” means. Is it dosage only? Or what the prescribing physician communicates to the patient? Does it cover everything on a manufacturer’s insert, especially with no evidence of it being communicated to the patient? Faced with the burden of proof of its exclusion, CIGNA finally paid. Which it should have done in the beginning before going the route of meritless legal gamesmanship to withhold what little monetary consolation a daughter meant to bestow upon her parents in the event of her demise.
Ellwood has some insight if you’re wondering why exactly people would take so much time (over 5,000 years, to be exact!) to build these mounds.
“The people who constructed the mounds … coordinated the structures’ orientation to align with [the red giant star] Arcturus, seen in the night sky at that time,” Ellwood said.
Needless to say, no one today is allowed to slide down or hang out on a historical, archaeological site that predates the pyramids!
Air Fryer Roasted Salmon With Sautéed Balsamic Spinach
Inspired by TasteOfHome.com
Ingredients • 3 tsp olive oil, divided • 4 salmon fillets (6 oz each) • 1 1/2 tsp reduced-sodium seafood seasoning • 1/4 tsp pepper • 1 garlic clove, sliced
• Dash of crushed red pepper flakes • 10 cups fresh baby spinach (about 10 oz) • 6 small tomatoes, cut into 1/2-inch pieces • 1/2 cup balsamic vinegar
Directions 1. Preheat air fryer to 450 F. Rub 1 tsp oil over both sides of salmon, then sprinkle with seafood seasoning and pepper. In a greased air fryer basket, place salmon. 2. Cook about 10–12 minutes until fish flakes easily. 3. In a 6-qt stockpot, place remaining oil, garlic, and pepper flakes. Heat over medium-low heat for 3-4 minutes. Increase heat to medium-high. Add spinach and cook until wilted. Stir in tomatoes; heat through. 4. In a small saucepan, bring vinegar to a boil. Cook until vinegar is reduced by half, then remove from heat. 5. Arrange spinach on serving dish. Place salmon over spinach mixture and drizzle with balsamic glaze.
(225) 201-8311 3
Made with FlippingBook Ebook Creator