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Keywords

defendanttrialmotionsummary judgmentworkers' compensationsustainedgood faithbad faithmotion for summary judgment
defendanttrialmotionsummary judgmentworkers' compensationgood faithbad faithmotion for summary judgment

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Demetrulias v. Wal-Mart Stores Inc., 917 F.Supp.2d 993

Facts

Mary Demetrulias, while working as a cashier at Walmart, sustained a right shoulder injury after tripping over a rug. Following the injury, she filed a workers' compensation claim, which was managed by Walmart's subsidiary, Claims Management Inc. (CMI). Demetrulias experienced delays in receiving necessary medical treatments, including shoulder surgery and treatment for carpal tunnel syndrome, leading her to allege that Walmart acted in bad faith in handling her claim.

Demetrulias experienced delays in receiving necessary medical treatments, including shoulder surgery and treatment for carpal tunnel syndrome, leading her to allege that Walmart acted in bad faith in handling her claim.

Issue

Did Walmart and its claims adjusters act in bad faith in the handling of Demetrulias's workers' compensation claim, particularly regarding delays in medical treatment and the denial of coverage for her carpal tunnel syndrome?

Did Walmart and its claims adjusters act in bad faith in the handling of Demetrulias's workers' compensation claim, particularly regarding delays in medical treatment and the denial of coverage for her carpal tunnel syndrome?

Rule

Under Arizona law, a workers' compensation claimant can bring an action against her employer's insurer for breach of the duty of good faith and fair dealing, which includes the obligation to process claims fairly and promptly.

Under Arizona law, a workers' compensation claimant can bring an action against her employer's workers compensation insurer for breach of the duty of good faith and fair dealing.

Analysis

The court analyzed the evidence presented by Demetrulias, noting that while the delay in shoulder surgery was attributed to miscommunication from her physician's office, there were significant issues regarding the denial of her carpal tunnel syndrome claim. The court highlighted that the adjuster's investigation into the claim was inadequate and that there was sufficient evidence to suggest that the denial was made without a founded belief in its propriety.

Demetrulias has presented enough evidence to raise questions about the thoroughness of Wittaker's investigation.

Conclusion

The court denied the defendants' motion for summary judgment, allowing the bad faith claims to proceed to trial based on the existence of genuine issues of material fact.

The court denied the defendants' motion for summary judgment, allowing the bad faith claims to proceed to trial based on the existence of genuine issues of material fact.

Who won?

Mary Demetrulias prevailed in part, as the court found sufficient grounds for her claims to proceed, particularly regarding the handling of her carpal tunnel syndrome.

Mary Demetrulias prevailed in part, as the court found sufficient grounds for her claims to proceed, particularly regarding the handling of her carpal tunnel syndrome.

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