Category Archives: Workers Compensation Bad Faith

A recent article in Texas Monthly’s “Hurting for Work” series highlights  how some employers take advantage of undocumented workers. The process involves unskilled laborers without valid work permits being constantly maimed or killed while engaging in dangerous construction jobs. The overseeing contractors may have a history of workplace accidents and even be working under various company names. However, because Texas does not require  employers to provide worker’s compensation insurance, these workers are discarded and forgotten once hurt.

An Arizona court recently denied Yellow Jacket Drilling Services, LLC (“Yellow Jacket”s), motion for summary judgment after the drilling company was sued for wrongful termination by the employment lawyers of Doyle Dennis Avery LLP , on behalf of plaintiff injured while at work.

The Texas Tribune has published an article highlighting a window’s struggle against Ace American Insurance Company (“ACE”) for worker’s compensation benefits following her husband’s death. Crystal Davis’ fight for her family’s future began amidst tragedy. While heading to the grocery store she received the message every mother or wife dreads, “Can you come home, something has happened.” Her husband, Wayne Davis, had died after a distracted driver crossed into his lane and crashed into hitting him, head on.

A federal judge recently denied Ace Insurance Company (“ACE”) motion to dismiss after the defendant was sued for bad faith practices following the handling of our client’s worker’s compensation claim.

Many working Americans never hear of the Employment Retirement Income Security Act (“ERISA”) and how it limits compensation actions, until they are denied policy benefits. It’s during these disheartening moments that people realize how economically insecure their futures may actually be. Not only are workers confused by ERISA and its correct applicability, lawyers and judges aren’t always clear on when ERISA preempts common law actions, and when it does not.