Category Archives: Workers Compensation Bad Faith

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.

Workcompcentral recently released an article discussing Governor Rick Perry’s choice to lead the Division of Worker’s Compensation, Ryan Brennan. But who is Ryan Brannan? The column reveals that many workers’ compensation attorneys in Texas are asking the same thing though those within the state’s insurance industry claim this is a gentlemen with whom  they are very famiiliar.

Last month there was an explosion at a BP refinery in Whiting, Indiana. Fortunately, in this case there was only minor problems. The fire was put out in a couple hours and only one person had to be taken to the hospital. It was done as a precaution and he was later released. They were very fortunate there was no further damage since the explosion was reportedly powerful enough to shake pictures off of walls.

A federal judge recently denied Hartford Ins. Co. of the Midwest’s (“Hartford”s) multiple summary judgment motions designed to dismiss plaintiff’s suit for its wrongful denial of compensation benefits.  Other defendants include Gallagher Bassett (“Gallagher”) – Hartford’s third-party claims handler, and Gallagher’s claim representative assigned to plaintiff’s case file.