Franke, Schultz & Mullen, PC | <div >Insurance Company not liable for fraud or emotional distress arising out of workers compensation claim:</div >
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Insurance Company not liable for fraud or emotional distress arising out of workers compensation claim:

06/12/2009

A bank employee sustained a head injury after striking her head on a filing cabinet at work. She submitted a workers compensation claim, but also sued the bank's insurance carrier and a case management company for fraud and emotional distress caused by the handling of her claim. The worker maintained that the insurance company had arranged for an independent medical examination but misrepresented that the doctor was a neurologist when in fact he was a psychiatrist. The Circuit Court of Morgan County, Missouri entered summary judgment in favor of all defendants. The Missouri Court of Appeals, Western District affirmed the trial courts decision. John Schultz successfully represented the insurance company in the case. Battles v. United Fire & Casualty Company, WD 69714.