A Walgreen Co. employee can sue her employer’s workers’ compensation insurer for bad faith, the Oklahoma Supreme Court ruled recently.  The decision in Nancy R. Summers v. Zurich American Insurance Co. overturned trial court and appellate court findings that barred Ms. Summers from suing Zurich American for the insurer’s alleged refusal to authorize medical treatment ordered by the state Workers’ Compensation Court.

            The Workers’ Compensation Court had awarded medical and wage benefits to Ms. Summers for a 2004 work related injury, court records show.  Ms. Summers later sued the insurer for failing to comply with the court-ordered medical treatment.  But Zurich won a summary judgment by arguing she did not follow a post-judgment certification procedure that allows insurers to show why benefits remain unpaid.  The Oklahoma Supreme Court found that the lower courts erred and that there was confusion over the role of the certification process in cases involving both medical and indemnity benefits.  A lawsuit is a claimant’s prerogative for an insurer’s alleged failure to authorize ordered medical treatment, the high court ruled.

            In short, once an order awarding benefits is issued by the Workers’ Compensation Court and the insurance company fails to provide benefits, the claimant can seek an order finding a lack of compliance and then bring suit in District Court.