Immunity


I’ve written before about the dangers of denying an accident took place in the course and scope of employment.  Such a denial allows removes the exclusive remedy defense to an Employer and allows an injured worker to proceed with a tort action. 

While researching for a client, I found a case decided this past March that is based on the same principle.  But, in this case, the Employer never reported the accident to its Carrier after the injured workers reported their injuries.  This is a big no-no in and of itself, but considering the wider consequences an Employer is crazy to even think to take this position.

More after the jump. . . (more…)

Recently, quite a few clients have expressed concerns over Claimant attorneys pursuing Aguilera claims against them.  What is an “Aguilera claim?”  There is a lot of misinformation out there and words like “intentional tort” and bad faith get bandied about.  Usually, it is by Claimant attorneys looking to pressure claims professionals.
 
Claims professionals are worried that they could be sued for bad faith for simply getting an IME or denying a medical benefit they believe is non-compensable.  My hope here is clear the air and objectively inspect what are the potential liabilities (if any)are  for an adjuster.