Stancil v. ACE USA

In this matter, we are asked to create a common law cause of action that would permit an injured employee, who is separately entitled to receive workers’ compensation benefits, to sue his employer’s compensation carrier directly for pain and suffering when it results from the carrier’s delay in payment for medical treatment, prescriptions, or related services. We decline this invitation to create a new cause of action for three essential reasons.

First, the workers’ compensation system has been carefully constructed by our Legislature in a manner that serves to protect the rights of injured…