LexisNexis® Legal Newsroom
Will Common Law Bad Faith Survive in Texas? Texas Mutual Insurance Co. v. Ruttiger

On Wednesday, April 14, 2010, the Texas Supreme Court heard oral arguments in the case of Texas Mutual Insurance Company v. Ruttiger . This case made its way to the Supreme Court following a jury trial in Galveston County where Mr. Ruttiger recovered a verdict of approximately $183,000.00 against Texas...

Cal. Comp. Cases May Advanced Postings (5/11/2011)

Here's the third batch of advanced postings for the May 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. Pasadena Unified School District, PSI, administered by Corvel Corporation, Petitioner v. Workers' Compensation Appeals...

Cal. Comp. Cases June Advanced Postings (6/2/2011)

Here's the first batch of advanced postings for the June 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Travelers Indemnity Company, insurer for Linear Technology, Petitioner v. Workers' Compensation Appeals...

Wilson v. State Farm: Court Rules That Insurer Did Not Act in “Bad Faith” by Delaying Payment of a Settlement Pending Determination of Medicare’s Conditional Payment Amount

By Mark Popolizio, Esquire, V.P. of MSP Compliance, NuQuest BridgePointe In the case of Wilson v. State Farm Mutual Automobile Insurance Company , No. 3:10-CV-256-H, 2011 WL 2378190 [ 2011 U.S. Dist. LEXIS 63430 ] (W.D. Ky., June 15, 2011), the United States District Court for the Western District...

California Workers' Compensation Case Roundup (7/9/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 6 June 2011 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2011 LexisNexis. All rights...

Five Recent Workers’ Comp Cases You Should Know About (11/11/2011) – New York City Auditor Was Not Engaged in "Recovery" Activities Following 9/11 Attacks

Larson's Spotlight on 9/11 Claim, Average Weekly Wage, Pain and Permanent Total Disability, Intentional Tort Claim, and Bad Faith. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

Larson’s Spotlight on Recent Cases: Court Dismisses Injured Workers' Tort Action Against Carrier for Five-Month Delay in Medical Benefits

Larson's Spotlight on Bad Faith Insurance Tactics, Benefits During Incarceration, Borrowing Employer, and Injury and Causation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

Larson’s Spotlight on Recent Cases: Uninsured Employers’ Fund and Insolvency of Employee Leasing Company’s Workers’ Comp Carrier

Larson's Spotlight on Uninsured Employers' Fund, Voluntary Withdrawal From Labor Market, Bad Faith, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Montana: No Bad Faith Action Allowed Despite Acquittal for Workers’ Comp Fraud

The Montana Supreme Court recently held that a construction worker who was acquitted of charges that he had committed workers’ compensation fraud by, among other things, constructing and selling furniture to a private investigator may not maintain a civil action against the Montana State Fund,...

The Texas Blueprint for How to Lower Workers’ Comp Costs

After continued implementation of the 2005 reforms to the Texas workers’ compensation system, and legislative review of the system in 2011, 2013 was a year in which system stakeholders and other interested parties were able to step back and evaluate the current state of the Texas system and better...

California: WCAB Applies Neri Hernandez to Home Health Care Services Cases

The WCAB has issued two noteworthy panel decisions involving home health care services in light of Neri Hernandez (en banc). In each of these decisions, which involved critically injured workers, the WCAB has signaled in very strong terms that it will not tolerate a defendant's bad-faith or frivolous...

Iowa: No Claim for Bad-Faith Denial Could Be Maintained Where Insurer Had Reasonable Basis for Initial Denial

Acknowledging that Iowa law recognized a common-law cause of action against an insurer for bad-faith denial or delay of insurance benefits, and the tort has been extended to include workers' compensation cases, an Iowa appellate court nevertheless affirmed summary judgment in favor of an insurer...

Mississippi: In Bad Faith Case, Evidence of Insurer’s Actions Prior to Exhaustion of Administrative Remedies Was Admissible

A Mississippi appellate court held that the requirement that an employee exhaust his or her administrative remedies before filing a lawsuit for bad faith refusal to pay for disputed medical services and supplies merely ensured that the state’s Workers’ Compensation Commission had determined...