[net-gold] Bad Faith Claims Maybe Going to the Jury
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Fri, 5 Aug 2011 11:02:27 -0400 (EDT)
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Date: Fri, 05 Aug 2011 12:35:37 -0000
From: JonG <jon@xxxxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: Net-Gold@xxxxxxxxxxxxxxx
Subject: [Net-Gold] Bad Faith Claims Maybe Going to the Jury
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Bad Faith Claims Maybe Going to the Jury
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The NJ Supreme is going to review the
procedure to bring bad faith claims
against employers and insurance companies
in workers' compensation actions.
The Court accepted for review a case
holding that workers' compensation bad
faith claims are within the exclusive
jurisdiction of the workers' compensation
hearing official.
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The case involves an injured worker
who filed a civil action against his
employer's workers' compensation
insurance company for failing to comply
with the Division of Workers' Compensation
Order that medical treatment should proceed.
The employee alleged that the delay and
denial of medical care caused harm.
The lower court had rejected the case and
dismissed it holding that the jurisdiction
for bad faith is exclusively within the
purview of the Division of Workers'
Compensation.
Stancil v. ACE USA, 418 N.J. Super. 79,
12 A. 3rd 223 (App. Div. 2011),
___A.3d___, 2011 WL 3342730 (NJ).
Decided June 7, 2011.
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In another decision, the NJ Supreme Court held
that bad faith, in a negligence action, was
a contractual issue giving rise to a factual
question that could only be decided by a jury.
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"We conclude that a Rova Farms claim that an
insurer in bad faith failed to settle a claim
within the policy limits, thereby in fact
exposing its insured to liability for any
excess, represents a traditional contract claim
that the insurer breached the implied covenant
of good faith and fair dealing and to which the
right to trial by jury attaches."
Wood v. New Jersey Manufacturers Insurance Company,
21 A.3d 1131, 2011 WL 2314954 (NJ),
Decided June 14, 2011.
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The Stancil case highlights one of the most
serious and costly issues in Workers' Compensation,
both in NJ and the nation, the adequate and
efficient delivery of medical care. While the
courts are struggling with this issue that is
compounded by arguments over reimbursement and
treatment paths, the compensation system continues
to be bogged down and unresponsive to the urgency
of the need to delivery medical care to injured
workers.
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Complete Article With Links:
http://tinyurl.com/3pw4b37
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Jon L. Gelman LLC |
Attorney at Law |
http://www.gelmans.com
1700 State Route 23 Suite 120 |
Wayne NJ 07470-7537
o. 973 696-7900 |
direct f. 973-807-1811 |
mailto:jon@xxxxxxxxxxx
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Blog-Workers Compensation :
http://workers-compensation.blogspot.com/
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Twitter :
http://www.twitter.com/jongelman
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Facebook Group :
http://tinyurl.com/yljckqh
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LinkedIn-Injured Workers Law & Advocacy Group :
http://tinyurl.com/2f7lsks
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Blog-Burn Pit Claims :
http://tinyurl.com/28apkym
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