The 8th Circuit Court of Appeals affirmed an order granting a workers’ compensation insurer summary judgment in an action originally filed in Iowa state court alleging the insurer had exercised bad faith in failing to pay an injured worker’s medical expenses, which...
A common law cause of action for bad-faith failure to pay workers’ compensation benefits may not be pursued against a third-party administrator of a workers’ compensation insurer, held the Supreme Court of Iowa, in a divided (5-2) decision. Answering...
Supreme Court of Oklahoma addresses “crafty gamesmanship” We have asked our expert in Oklahoma, Jacque Brawner Dean, Esq., at Jacque Brawner Dean Law, PLLC , about the recent decision in Meeks v. Guarantee Ins. Co . In that case, the Supreme Court of Oklahoma...
The Supreme Court of Oklahoma, in a divided decision, held that an employee could maintain a bad-faith action against a workers’ compensation insurer alleging that following an award of compensation benefits by the state’s Workers’ Compensation Court (WCC), the...
Where a worker sustained fatal injuries in a ditch cave-in and the worker’s widow filed a tort action against the owner of a masonry business alleging negligence, it was appropriate for the insurer under the business’ commercial general liability policy to investigate...
Practitioners have noticed a slew of WCAB Noteworthy Panel Decisions recently relating to the imposition of sanctions for “bad faith tactics” under Labor Code § 5813 [ LC 5813 ]. Everyone wants to avoid sanctions, so litigators should pay particular...
By Stuart D. Colburn, Esq., and Albert Betts, Jr., Esq., Co-Authors, Texas Workers’ Compensation Law This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those who are a part...
Entering 2014, the Texas workers’ compensation system seemed to be a model of stability; something that would have been impossible to imagine only ten years ago. There was little controversy in the system and no major administrative rule changes were needed...
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...
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...
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...
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...
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...
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...