Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: workers compensation

Breach of notification provision, failure to give insurance company prompt notice voids coverage — 8th Circuit, Arkansas

Posted in Contractual Liability
In American Railcar Industries v. Hartford Insurance Company, Tedder, American Railcar’s employee, was hurt while on a break at work.  Tedder sought workers compensation coverage for the claim, which was eventually denied by the Arkansas Workers’ Compensation Commission.  Then, Tedder filed a civil tort action against American Railcar (ARI) in federal court. ARI did not… Continue Reading

Bad faith claim for failure to pay workers compensation benefits may proceed — Oklahoma

Posted in Insurance Bad Faith, New Case
In Meeks v. Guarantee Insurance Co., 2017 OK 17,  the employee sued the insurer for bad faith refusal to timely comply with several orders of the Workers’ Compensation Court awarding employee temporary total disability benefits after insurer–without good cause–withheld employee’s benefits on twenty-six separate occasions. The insurer moved for dismissal, asserting employee failed to obtain… Continue Reading

Employee injured in stairwell after clocking out still entitled to workers compensation — Oklahoma

Posted in Workers Compensation
In Brown v. Claims Management Resources Inc., claimant was injured when he fell down the stairs at work, after he had clocked out. The claim had been denied on the grounds the injury was not within the course and scope of employment, and was not a compensable injury. The Oklahoma Supreme Court reversed. Because the… Continue Reading

Failure to disclose claim against insurance company in bankruptcy petition fatal — judicial estoppel — 10th Circuit, Colorado

Posted in Insurance Bad Faith, New Case
In Hermann v. Hartford Casualty Insurance, Hermann claimed Hartford unreasonably denied and delayed payment for his workers’ compensation claim.  Hartford moved for summary judgment, arguing that Hermann’s action should be barred under the doctrine of judicial estoppel because Hermann did not disclose his claim against Hartford in his bankruptcy petition. The judgment in favor of… Continue Reading

Oklahoma Supreme Court finds Opt out portion of Workers Compensation law unconstitutional

Posted in New Case
In Vasquez v. Dillards, the Workers Compensation Commission found the opt out provisions of the state workers compensation laws unconstitutional. Under Oklahoma’s newly created workers’ compensation system, employers may  provide coverage for workplace injuries under the traditional no-fault workers’ compensation system, which grants employers immunity from civil liability.  Alternatively, Employers may also “opt out” of… Continue Reading

Fellow employee and intentional acts exclusions not applicable, auto policy; Tenth Circuit applying Wyoming law

Posted in Contractual Liability, Duty to Defend, New Case
In Peerless Indemnity v. Swanner, the passengers were being driven home by a fellow employee in an employer owned shuttle when there was a wreck, and the passengers were injured.  The driver was allegedly intoxicated.  The passengers got workers compensation The passengers also filed suit against the driver in Wyoming state court, alleging the driver… Continue Reading

Oklahoma Supreme Court Declares Workers Compensation Act Unconstitutional — in part

Posted in New Case
In Maxwell v. Sprint, 2016 OK 41, (not yet released for publication, thus, subject to change) the Oklahoma Supreme Court found parts of Oklahoma’s new workers compensation laws unconstitutional.  First, the court ruled that scheduled members (such as limbs, toes, eyes) do not have to be evaluated per the latest AMA Guides.  Furthermore, loss to… Continue Reading

No bad faith where law is unsettled — Iowa workers compensation

Posted in Contractual Liability, Disability Benefits, Insurance Bad Faith, New Case
In Paulino v. Chartis, Paulino was injured at work, resulting in Paulino becoming a paraplegic.  As a result, Paulino needed certain living accommodations when he was discharged from rehabilitative services.  Since no specialized living accommodations were available, Paulino remained in the rehabilitative hospital, and Chartis quit paying.  The workers compensation court initially denied Paulino’s claim… Continue Reading