Butler Snow recently obtained a favorable decision from the Fifth Circuit affirming summary judgment for an employer on an employee’s claim of bad faith refusal of worker’s compensation benefits. The Fifth Circuit held that the action was time barred. The court based the limitations period on the time that elapsed from the date the administrative law judge’s order granting temporary disability benefits became final and was not appealed. The employee had also amended her complaint, attempting to allege a claim for continuing bad faith. The Fifth Circuit held that her new allegations failed to state a continuing violation, and affirmed the district court’s dismissal of her second amended complaint. Butler Snow attorneys Melody McAnally and Arthur D. Spratlin, Jr., Jr. obtained summary judgment and LeAnn W. Nealey, with their assistance, successfully handled the appeal.
Favorable DecisionJuly 5, 2012 By Butler Snow |
Butler Snow recently obtained a favorable decision from the Fifth Circuit affirming summary judgment for an employer on an employee’s claim of bad faith refusal of worker’s compensation benefits. The Fifth Circuit held that the action was time barred. The court based the limitations period on the time that elapsed from the date the administrative law judge’s order granting temporary disability benefits became final and was not appealed. The employee had also amended her complaint, attempting to allege a claim for continuing bad faith. The Fifth Circuit held that her new allegations failed to state a continuing violation, and affirmed the district court’s dismissal of her second amended complaint. Butler Snow attorneys Melody McAnally and Arthur D. Spratlin, Jr., Jr. obtained summary judgment and LeAnn W. Nealey, with their assistance, successfully handled the appeal.
