Denver, Colorado — A jury in Denver District Court has ordered an insurance company to pay $145 million to a young man left severely disabled after being denied timely workers’ compensation. Fermin Salguero-Quijada, a 22-year-old former painter, suffered catastrophic injuries from a workplace accident that went uncompensated for years.
The case stemmed from a 2021 incident where Salguero-Quijada fell over 15 feet while painting in Salt Lake City, resulting in profound brain injuries and immobility. Initially taken to University of Utah Hospital, he received immediate life-saving treatment for his brain hemorrhages. Plans to transfer him to a specialized rehabilitation facility were squashed by NorGUARD Insurance Company’s refusal to cover the costs, citing unresolved liability issues.
Owned by Warren Buffett’s Berkshire Hathaway, NorGUARD failed to approve critical medical treatments recommended by doctors, including neurology, physical therapy, and more. This denial led to Salguero-Quijada’s family in Aurora assuming his care responsibilities, forcing them to manage his daily living needs without professional medical support.
Just over a month after the accident, NorGUARD denied the workers’ compensation claim, asking for more investigation time, then suggesting another contractor’s insurance should cover the costs. The dispute over the claim delayed vital medical interventions that could have possibly prevented or lessened the permanence of Salguero-Quijada’s disabilities.
Despite a judge later ruling in Salguero-Quijada’s favor and ordering the insurer to cover the costs, NorGUARD appealed the decision, perpetuating delays that continued to deny necessary medical care. The family ultimately filed a lawsuit in November 2023. A Denver jury recently determined that NorGUARD knowingly and unreasonably handled the claim, awarding $145 million to Salguero-Quijada, including $60 million in punitive damages to penalize the company for its actions.
Evidence presented during the trial also indicated negligence on part of the nurse assigned to manage Salguero-Quijada’s case, who allegedly failed to arrange required medical treatments efficiently.
This verdict underlines the critical importance of timely and fair handling of workers’ compensation claims, especially in cases involving severe injuries, underscoring the potential consequences of insurance disputes on the well-being of individuals and their families.
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