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LOS ANGELES–(BUSINESS WIRE)–Los Angeles based law close Blair & Ramirez LLP invalidates Cigna Health Insurance’s civic adjudication agreement.



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On April 17, 2017, Oscar Ramirez, balloon advocate and accomplice at Blair & Ramirez LLP, argued plaintiff Maria Macias’ action to Cigna’s motion to bulldoze adjudication of Ms. Macias’ application claims afore the Hon. Michael W. Fitzgerald in the U.S. District Court for the Central District of California.



Attorneys for plaintiff Maria Macias filed a accusation adjoin Cigna Health and Life Insurance Company and Danielle Stark for abortion to board Ms. Macias’ concrete affliction and for bigotry based on her disability. Ms. Macias was built-in with fingers that did not accept any concrete feeling. Her fingers had to be amputated back she was one year old. As a result, Ms. Macias’ accomplished motor abilities and adeptness to accomplish assertive items was bound and she had requested that Cigna accommodate her with an adapted Blackberry device. Cigna denied her address and after concluded her employment.



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Defendant Cigna attempted to abstain the California Court’s administration and booty abroad Ms. Macias’ Constitutional appropriate to a board balloon by invoking its civic adjudication acceding that was begin by the Court to be substantively and procedurally unconscionable. Among added things, Cigna’s adjudication agreement: prevents an afflicted agent from demography the degradation of a Cigna agent who certifies that they accept no claimed adeptness of the dispute, provides the adjudicator with no adeptness to actuate the believability of the employee’s certifications, forbade advisers from filing accuse of bigotry with any authoritative bureau to annihilate any accessible almanac of a accessible arrangement of discrimination, and finer prevented admission to its circuitous 14 pages of rules and procedures of adjudication from both -to-be advisers and concluded employees.

The Court’s April 18, 2017 cardinal declared in part: “The abortion to attach Cigna’s specific, akin rules of adjudication to the adjudication acceding rendered the acceding procedurally unconscionable. The accoutrement in the adjudication acceding abundantly akin analysis and added accouterment Cigna with a bureau to absolved assertive advisers from sitting for any degradation is substantively unconscionable. Considered as a whole, the adjudication acceding is unenforceable.”

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The Court’s complete Order abandoning the adjudication acceding is accessible here.

Ms. Macia’s attorney, Oscar Ramirez, said that civic administration allegation to be captivated answerable for ensuring that their advisers are advantaged to a fair altercation resolution action of their assignment abode grievances. One basal footfall is to ensure that advisers be accustomed to book claims of bigotry with authoritative agencies such as the Department of Fair Application and Housing and the Equal Application Opportunity Commission.

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“The acceding was riddled with defects that avant-garde courts of address accept articular as unenforceable,” Mr. Ramirez said. “Cigna approved to band its advisers of the adeptness to amuse the authoritative pre-requisite of filing a allegation of bigotry with a authoritative bureau such as the DFEH. Abortion to bankrupt the authoritative antidote would account the biting agent to accept their absolute case absolved in arbitration.”

“Cigna’s adjudication acceding was carefully advised to defeat claims of bigotry afore an afflicted agent alike starts the adjudication process,” connected Mr. Ramirez.

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The Court’s cardinal affects bags of accomplished and present Cigna advisers in California. In 2017, Cigna appear employing 40,000 advisers worldwide. Cigna appear 2016 acquirement of $39.67 billion and gross accumulation of $15.18 billion.

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