Hein v. Acuity

KONENKAMP, Justice.

[¶ 1.] In a workers’ compensation case, can a claimant maintain a separate action for bad faith solely on the basis of unreasonable conduct by the employer’s insurer, absent proof of any wrongful denial of benefits? After receiving benefits for a job-related injury, the claimant sought rehabilitation benefits and the insurer denied her request. The claimant petitioned pro se for benefits with the Department of Labor and the insurer counterclaimed seeking reimbursement of all benefits previously paid. When the claimant hired an attorney, the insurer withdrew its…