Carrier's 5-Month Delay in Paying Award Didn't Amount to Unfair Claims Handling

The New Mexico Court of Appeals on Monday ruled that an insurance carrier’s five-month delay in paying a lump-sum award to an injured worker did not amount to an unfair processing of the claim. Although the court took issue with the manner in which the workers’ compensation judge received evidence, and the lack of communication on the part of the carrier, it said Leanne McCaul did not establish any actionable misconduct by the Fidelity & Guarantee Insurance Co. McCaul had worked for EAN Holdings, a car rental company in Albuquerque. After she suffered an on-the-job injury, Mc...