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Boston Bombing Victim Takes On Insurers

BIRMINGHAM, Ala. (CN) - An Alabama doctor injured in the April 2013 Boston Marathon bombing claims in court his insurers continue to refuse to pay legitimate disability claims.

In a complaint filed in Jefferson County, Ala., Dr. Scott Weisberg says he crossed the marathon finish line just three seconds before the first of two explosions occurred about twenty yards from where he was standing.

Weisberg says the explosions caused a mild traumatic brain injury, post-concussive syndrome, cognitive dysfunction, bilateral diminished hearing, tinnitus and Meinere's disease.

He says he also developed post-traumatic stress disorder and depression, and has since been unable to continue in his solo family medicine practice.

According to the March 3 complaint, at the time of the bombing, Weisberg had a disability income insurance policy jointly issued by MetLife Insurance Company and Guardian Life Insurance Company of America.

However, after he filed a claim, he says, the insurers wrote him stating "we do not find that Dr. Weisberg would be Totally Disabled, Residually Disabled, or Presumptively Disabled as defined by the policy; and we find no basis for benefits to be payable at this time."

Weisberg says in response he provided the insurers with additional medical records regarding his disabilities, but the defendants did not change their decision.

He seeks compensatory and punitive damages on claims of breach of contract and bad faith.

Weisberg is represented by Jon Goldfarb of Birmingham.

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