Preview
NO. UWY-CV-20-6056586-S : SUPERIOR COURT
KEVIN MCSWIGGAN : J.D. OF WATERBURY
VS. : AT WATERBURY
O’BRIEN INSURANCE AGENCY, LLC : NOVEMBER 16, 2022
DISCLOSURE OF EXPERT WITNESS
Pursuant to Practice Book §13-4, the defendant hereby discloses the following expert witness in
this matter:
I. NAME OF WITNESS EXEPCTED TO TESTIFY:
Amado J. Vargas, Esquire
Vargas, Chapman & Woods, LLC
160 Washington Street
Middletown, CT 06457
II. SUBJECT MATTER UPON WHICH EXPERT IS EXPECTED TO TESTIFY:
It is anticipated that Attorney Vargas will testify relative to his education and experience in the
field of workers’ compensation and also based upon his experience of serving as a workers’ compensation
commissioner within the State of Connecticut. Attorney Vargas will testify relative to his knowledge of
this litigation and the claims by Kevin McSwiggan as against the O’Brien Insurance Agency, LLC, which
had procured a workers’ compensation policy for Mr. McSwiggan’s company prior to June 24, 2017.
Attorney Vargas will testify based upon his review of the medical file regarding Mr. McSwiggan and the
workers’ compensation insurance-related information for Mr. McSwiggan’s company. Attorney Vargas
COYNE, VON KÜHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047
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will testify as to his opinions regarding a workers’ compensation claim which Mr. McSwiggan would
have had available to him under the workers’ compensation policy issued to the Rockwell Construction
Company and procured by O’Brien Insurance Agency for an incident that occurred on June 24, 2017. He
will testify that based upon his review, that Mr. McSwiggan was given incorrect information about his
workers’ compensation insurance coverage from the O’Brien Insurance Agency and as a result of that lost
the opportunity to assert a claim for workers’ compensation benefits as a result of the incident of June 24,
2017.
III. SUBSTANTIVE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO
TESTIFY TO:
Attorney Vargas will testify that Kevin McSwiggan is the owner of a construction company
referred to as Rockwell Construction Company and he owned that company for several years. Prior to
June 24, 2017, his insurance for that company was obtained through the services of O’Brien Insurance
Agency. He will further testify that on June 24, 2017, Mr. McSwiggan was involved in an accident while
employed and had significant injuries as a result of that accident and was taken to Danbury Hospital for
treatment. He sustained several injuries, the most serious of which was a fracture to the pelvis area and he
was out of work for approximately 18 months. He will also testify that based upon a review of the records
of an orthopedist by the name of Dr. Daher of New Milford, Mr. McSwiggan sustained a 10% permanent
partial disability rating as a result of that incident. He will testify that this is the equivalent of 37.4 weeks
COYNE, VON KÜHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047
2
of pay under the Workers’ Compensation Act. He will further testify that at the time of Mr. McSwiggan’s
accident, he was deemed to have been making $60,000 per year based upon the audit performed by the
workers’ compensation carrier AmTrust which yields an average weekly wage of $1,153.85 which in turn
yields a base compensation rate of $643.55.
Attorney Vargas will also testify that Mr. McSwiggan did reach out to O’Brien Insurance Agency
regarding coverage following this accident and was advised that he was not covered since he was the
owner of the construction company. It was subsequently learned that he was actually covered when an
audit was performed by the carrier AmTrust and if he was advised of the true information within the time
period to make a claim under workers’ compensation, he would have been able to assert a claim and would
have received benefits. Attorney Vargas indicates that the workers’ compensation claim relative to wages
and a rating benefit has a value of approximately $75,000; however, there was also the issue of HUSKY
medical payments that need to be added to the value as same would have been paid as part of the
Compensation claim and there would be no right for the State of Connecticut to assert a lien or seek
reimbursement from Mr. McSwiggan. Further, but for the misinformation from O’Brien Insurance
Agency, Mr. McSwiggan would have had an open claim on file if he was able to make a workers’
compensation claim on a timely basis. The value of the open case will be somewhere in the $50,000 to
$125,000 range. Therefore, the total claim of workers’ compensation which Mr. McSwiggan lost has a
value between $125,000 to $200,000 plus the issue of any reimbursement that may be owed relative to
COYNE, VON KÜHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047
3
medical benefits paid through HUSKY Medicare payments as those health insurance payments would
have been paid through the workers’ compensation claim.
IV. SUMMARY OF GROUNDS FOR EACH OPINION:
Attorney Vargas’ opinion is based upon his education, training and experience as a workers’
compensation commissioner within the State of Connecticut as well as the laws and applicability for the
Workers’ Compensation Act. Attorney Vargas is also basing this on review of the records and materials
provided including court docket files, e-mail information as well as medical reports and the workers’
compensation carrier’s audit information. A copy of a memorandum prepared by Attorney Vargas has
been produced and provided to counsel at this time as well.
THE PLAINTIFF KEVIN McSWIGGAN
BY:___/s/406995________________________
Kevin S. Coyne
Coyne, von Kuhn, Brady & Fries, LLC
COYNE, VON KÜHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047
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CERTIFICATION
This is to certify that a copy of the foregoing has been E-filed with the court and sent via Electronic
Mail only, this 16th day of November, 2022, to:
Robert F. Flanagan, Esquire
DelSole & DelSole, LLP
46 South Whittlesey Avenue
Wallingford, CT 06492
robert@delsoledelsole.com
LindaM@delsoledelsole.com
BY:___/s/406995________________________
Kevin S. Coyne
Coyne, von Kuhn, Brady & Fries, LLC
COYNE, VON KÜHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047
5
Preview
NO. UWY-CV-20-6056586-S : SUPERIOR COURT KEVIN MCSWIGGAN : J.D. OF WATERBURY VS. : AT WATERBURY O’BRIEN INSURANCE AGENCY, LLC : NOVEMBER 16, 2022 DISCLOSURE OF EXPERT WITNESS Pursuant to Practice Book §13-4, the defendant hereby discloses the following expert witness in this matter: I. NAME OF WITNESS EXEPCTED TO TESTIFY: Amado J. Vargas, Esquire Vargas, Chapman & Woods, LLC 160 Washington Street Middletown, CT 06457 II. SUBJECT MATTER UPON WHICH EXPERT IS EXPECTED TO TESTIFY: It is anticipated that Attorney Vargas will testify relative to his education and experience in the field of workers’ compensation and also based upon his experience of serving as a workers’ compensation commissioner within the State of Connecticut. Attorney Vargas will testify relative to his knowledge of this litigation and the claims by Kevin McSwiggan as against the O’Brien Insurance Agency, LLC, which had procured a workers’ compensation policy for Mr. McSwiggan’s company prior to June 24, 2017. Attorney Vargas will testify based upon his review of the medical file regarding Mr. McSwiggan and the workers’ compensation insurance-related information for Mr. McSwiggan’s company. Attorney Vargas COYNE, VON KÜHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047 1 will testify as to his opinions regarding a workers’ compensation claim which Mr. McSwiggan would have had available to him under the workers’ compensation policy issued to the Rockwell Construction Company and procured by O’Brien Insurance Agency for an incident that occurred on June 24, 2017. He will testify that based upon his review, that Mr. McSwiggan was given incorrect information about his workers’ compensation insurance coverage from the O’Brien Insurance Agency and as a result of that lost the opportunity to assert a claim for workers’ compensation benefits as a result of the incident of June 24, 2017. III. SUBSTANTIVE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO TESTIFY TO: Attorney Vargas will testify that Kevin McSwiggan is the owner of a construction company referred to as Rockwell Construction Company and he owned that company for several years. Prior to June 24, 2017, his insurance for that company was obtained through the services of O’Brien Insurance Agency. He will further testify that on June 24, 2017, Mr. McSwiggan was involved in an accident while employed and had significant injuries as a result of that accident and was taken to Danbury Hospital for treatment. He sustained several injuries, the most serious of which was a fracture to the pelvis area and he was out of work for approximately 18 months. He will also testify that based upon a review of the records of an orthopedist by the name of Dr. Daher of New Milford, Mr. McSwiggan sustained a 10% permanent partial disability rating as a result of that incident. He will testify that this is the equivalent of 37.4 weeks COYNE, VON KÜHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047 2 of pay under the Workers’ Compensation Act. He will further testify that at the time of Mr. McSwiggan’s accident, he was deemed to have been making $60,000 per year based upon the audit performed by the workers’ compensation carrier AmTrust which yields an average weekly wage of $1,153.85 which in turn yields a base compensation rate of $643.55. Attorney Vargas will also testify that Mr. McSwiggan did reach out to O’Brien Insurance Agency regarding coverage following this accident and was advised that he was not covered since he was the owner of the construction company. It was subsequently learned that he was actually covered when an audit was performed by the carrier AmTrust and if he was advised of the true information within the time period to make a claim under workers’ compensation, he would have been able to assert a claim and would have received benefits. Attorney Vargas indicates that the workers’ compensation claim relative to wages and a rating benefit has a value of approximately $75,000; however, there was also the issue of HUSKY medical payments that need to be added to the value as same would have been paid as part of the Compensation claim and there would be no right for the State of Connecticut to assert a lien or seek reimbursement from Mr. McSwiggan. Further, but for the misinformation from O’Brien Insurance Agency, Mr. McSwiggan would have had an open claim on file if he was able to make a workers’ compensation claim on a timely basis. The value of the open case will be somewhere in the $50,000 to $125,000 range. Therefore, the total claim of workers’ compensation which Mr. McSwiggan lost has a value between $125,000 to $200,000 plus the issue of any reimbursement that may be owed relative to COYNE, VON KÜHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047 3 medical benefits paid through HUSKY Medicare payments as those health insurance payments would have been paid through the workers’ compensation claim. IV. SUMMARY OF GROUNDS FOR EACH OPINION: Attorney Vargas’ opinion is based upon his education, training and experience as a workers’ compensation commissioner within the State of Connecticut as well as the laws and applicability for the Workers’ Compensation Act. Attorney Vargas is also basing this on review of the records and materials provided including court docket files, e-mail information as well as medical reports and the workers’ compensation carrier’s audit information. A copy of a memorandum prepared by Attorney Vargas has been produced and provided to counsel at this time as well. THE PLAINTIFF KEVIN McSWIGGAN BY:___/s/406995________________________ Kevin S. Coyne Coyne, von Kuhn, Brady & Fries, LLC COYNE, VON KÜHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047 4 CERTIFICATION This is to certify that a copy of the foregoing has been E-filed with the court and sent via Electronic Mail only, this 16th day of November, 2022, to: Robert F. Flanagan, Esquire DelSole & DelSole, LLP 46 South Whittlesey Avenue Wallingford, CT 06492 robert@delsoledelsole.com LindaM@delsoledelsole.com BY:___/s/406995________________________ Kevin S. Coyne Coyne, von Kuhn, Brady & Fries, LLC COYNE, VON KÜHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047 5