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Worker Can't Sue Carrier for Bad Faith Denial of Claim without compensability Ruling

By Sherri Okamoto (Legal Reporter)

Tuesday, May 26, 2015 | 0

An Arizona appellate court last week ruled that an injured worker cannot sue her employer's insurance carrier for cutting off her medical treatment expenses and temporary total disability compensation in bad faith without first establishing her entitlement to continuing benefits with the Industrial Commission. In its decision Thursday, a panel from the Court of Appeals, Division One, noted that all the Arizona cases addressing a bad faith claim in the workers’ compensation context up until now have involved injured workers who had or were pursuing a compensability determination befo...

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