Johnson v. Gibson

Fidelity & Casualty Company of New York (the insurer) appeals a Workers’ Compensation Court order which grants a lump sum advance to the claimant, Jerome Johnson. Johnson cross-appeals contending the court should have increased his award by 20% for insurer unreasonableness. The issues on appeal are (1) whether the court erred in granting a lump sum advance to claimant to pay a debt which he had incurred in anticipation of a settlement of his claim, which settlement did not occur; (2) whether the court erred in awarding attorney’s fees and costs to claimant; and (3) whether the court erred in…