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May 14, 2025   CHICAGO — The aging workforce is becoming a driving factor in increased workers compensation costs, and claims managers are turning to technology and other tools to restrain the long-expected trend, experts say.   Early intervention and management of comorbidities are key to reducing age-related medical costs, they said during interviews last week at Riskworld, the Risk & Insurance Society Inc.’s annual conference.   Workers 60 years and older had the highest increase in overall new claim volume each year between 2020 and 2024, according to data from Sedgwick Claims Management Services Inc.   Other data shows that the average indemnity duration for older workers is nine days longer than that for younger workers and costs 35% more in both income replacement and medical costs, said Max Koonce, Bentonville, Arkansas-based chief claims officer at Sedgwick.   It’s unclear whether workers are getting older on average or returning to the workforce post-retirement, he said, pointing to Bureau of Labor Statistics data that shows employment projections for 2023 to 2033 include a 22.4% rise in workers aged 65 to 74 and a 79% increase in workers older than 75.   Executives with other companies working with injured workers said anecdotally that injuries among older workers are on the rise, and that technology is helping to mitigate rising costs related to claim complications. Read more

April 22, 2025 Inside the Courtroom, Outside the Norm – Three Defining Moments       Staggering Verdict : Jury awards $145.26 million, including $60 million in punitive damages, against Berkshire Hathaway-owned Norguard Insurance, dwarfing their $750K pre-trial offer.   High Stakes, Hardball Tactics : Plaintiff’s lawyer Sean Claggett rejected multiple lowball offers, relying on real-time data analytics and focus group insights to predict—and deliver—a nine-figure jury verdict.   Justice for an Injured Worker : After being denied critical rehab, Fermin Salguero-Quijada was left permanently impaired. A Colorado jury ensured his family’s future with one of the largest bad-faith insurance verdicts in state history.   In a seismic ruling that shook the insurance world, a Colorado state jury delivered a resounding $145.26 million verdict—including $60 million in punitive damages—against Berkshire Hathaway’s Norguard Insurance Company. The case stemmed from the insurer’s alleged bad-faith denial of critical care to a painter, Fermin Salguero-Quijada, after he suffered a life-altering traumatic brain injury on the job. Though the story flew under the radar in mainstream headlines, its courtroom drama, strategic legal maneuvering, and moral undertones carry the weight of a modern-day legal epic.   In 2021, Salguero-Quijada, an apartment complex painter working in Utah, plunged from a ladder while on the job. The fall left him with significant neurological trauma. Following an initial hospital stay, doctors recommended intensive, long-term inpatient rehabilitation. That’s when, according to the lawsuit, his battle really began.   Norguard Insurance, a subsidiary of Berkshire Hathaway, denied coverage for the specialized facility. Instead, Salguero-Quijada was put on a commercial flight—still neurologically impaired—and sent home to be cared for by his family.   The result, his attorneys claimed, was catastrophic. Without proper rehabilitation, his brain injury became permanent.   Claggett’s Calculated Gamble Enter Sean Claggett—a trial attorney known as much for his courtroom charisma as his embrace of cutting-edge litigation analytics. Representing Salguero-Quijada, Claggett rejected a series of settlement offers, starting with a $750,000 pre-trial bid and later a last-ditch $3 million pitch after closing arguments.   “We were running real-time data on the trial,” Claggett said, referencing focus group models and predictive analytics that suggested a likely jury award north of $114 million.   His instincts proved prescient. Claggett and co-counsel Alicia Campbell (co-author of JuryBall) orchestrated their trial strategy like a playbook—backed by empirical data, mock jury results, and real-time response modeling.   The case hinged on whether Norguard’s refusal to authorize inpatient rehab constituted “bad faith.” The insurer argued that they followed the advice of a workers’ comp physician assigned to Salguero-Quijada, not the hospital’s specialists.   Norguard claimed it had already paid $2.1 million for care, and would continue to support the plaintiff with wages and future benefits. But jurors sided with Claggett’s contention: that amount meant little if the core denial of care led to irreversible harm.   Key to the plaintiff’s case was neurologist Dr. Allison Gray, who testified that the failure to provide rehabilitation directly caused the permanent nature of Salguero-Quijada’s injuries.   “Dr. Gray was fantastic,” Claggett said. “The medical literature supported her, and her testimony made the causation clear for the jury.”   While Claggett’s legal prowess was front and center, the heart of the case was Salguero-Quijada himself.   Once an able-bodied worker supporting his family, he now faces life with debilitating impairments. For Claggett, the trial was about more than winning—it was about restoring dignity.   “They would give anything to go back in time and get Fermin the care he needed,” Claggett said of the Salguero-Quijada family. “But this verdict gives them hope—and a financial future.”   The verdict also exposed systemic flaws. Colorado is one of the few states that permits injured workers to sue insurance companies for bad-faith handling of workers’ compensation claims. Most other states do not.   Claggett didn’t mince words about what that means: “Injured workers and employers are taken advantage of every day by greedy insurance companies like Berkshire,”he said. “Not getting workers back on the job hurts people and hurts business. Everyone loses—except the insurer.”   For trial watchers and legal junkies, every moment of the courtroom drama was broadcast live by Courtroom View Network—giving unprecedented access to a high-stakes showdown.   Judge Sarah Wallace presided over the case in Colorado’s 2nd Judicial District. The case was docketed as Fermin Salguero-Quijad v. Norguard Insurance Company, case number 2023CV32798.   Implications for the Industry Legal analysts suggest the verdict could be a harbinger for increased scrutiny of workers’ compensation insurers, especially in jurisdictions that permit bad-faith claims.   And for Claggett, the outcome cements his reputation not just as a litigator—but as a data-powered disruptor.   “In this case, the numbers told the truth before anyone else could,” he said.