Coker v. Daniel Construction Co.

Summary

The court granted defendants' motion for judgment notwithstanding the verdict in an action alleging bad faith and outrageous conduct arising from delays in paying workers' compensation benefits and medical expenses. Applying Zurich Ins. Co. v. Mitchell, the court held that Kentucky's workers' compensation remedy barred such claims based on delayed payments, and that false affidavits filed in the compensation proceeding did not support a civil damages action. The court set aside the jury's compensatory and punitive damages verdict and dismissed the complaint with prejudice.

Holdings

1. Kentucky's workers' compensation statute provides the exclusive remedy for collection of workers' compensation payments, so delay in paying medical bills or temporary total disability benefits does not support a separate claim for bad faith or outrageous conduct.
2. The filing of false affidavits during litigation does not support a civil action for damages based on bad faith or outrageous conduct.
3. The alleged attempt did not support recovery because Coker never signed the statement and failed to show that she was injured by the alleged conduct.
4. Retaliatory discharge for filing a workers' compensation claim may support an outrageous-conduct claim under Kentucky law, but Coker could not recover on that theory because she did not plead or prove that defendants wrongfully terminated her for filing the claim.

Questions Presented

1. Whether Kentucky's workers' compensation exclusivity provision barred a tort claim for bad faith or outrageous conduct based on delay in paying workers' compensation medical expenses and disability benefits.
2. Whether defendants' filing of false affidavits during the workers' compensation proceeding supported a civil damages action for bad faith or outrageous conduct.
3. Whether an alleged attempt to induce Coker to deny that her injury was work-related supported such a claim where she did not sign the statement and showed no resulting injury.
4. Whether retaliatory discharge for filing a workers' compensation claim could support an outrageous-conduct claim when the plaintiff did not plead or prove wrongful termination.

Disposition

dismissed