Cook v. MacK's Transfer & Storage

Bell, Judge:

Kenneth Cook commenced this action in the circuit court for bad faith refusal to pay benefits due on a workers’ compensation claim. Mack’s Transfer & Storage was Cook’s employer at the time of the accident giving rise to the claim. United States Fidelity & Guaranty Company was Mack’s workers’ compensation insurance carrier. Both defendants demurred to the complaint on the ground that the circuit court lacks subject matter jurisdiction in that Cook’s exclusive remedy is under the Workers’ Compensation Act. The circuit court held the complaint stated a cause of action under Nichols…