Brian Clymer, Attorney at Law

Posts tagged "Workers Compensation; Bad Faith"

Appellate Ruling Establishes Carriers Must Investigate a Claim Before Denying It

We're coming up on the one-year anniversary of an Arizona Court of Appeals decision that held it's bad faith in workers' compensation if a claims adjuster denies a claim without first conducting even a basic investigation. In Tapia v. Indus. Comm'n, 245 Ariz. 258 (App. 2018), the Banner University Medical Center claims adjuster, who denied the injured workers' claim, failed to conduct the insurance-industry standard three-point investigation - that's an unreasonable denial of a claim, said the court of appeals in a published decision. Attorney Laura Clymer litigated the underlying compensability issue in the Tapia case, as well as the administrative bad faith claim at the Industrial Commission.