
Salem Settles $550K Workers’ Comp Claim with Firefighter’s Widow
- The Salem City Council authorized a $550,000 Claim Disposition Agreement to settle a workers’ compensation claim for the widow of firefighter Maurice Stadeli.
- The city previously contested the claim following Stadeli’s 2019 death from cancer before withdrawing its appeal in 2023.
- Under the settlement, the city will pay $85,000 from its self-insurance fund.
- The state and excess carrier insurance will cover the remaining $134,000 and $331,000, respectively.
Court Creates New ‘Notice of Claim’ Trap for Workers’ Comp Bad Faith Lawsuits
- In the Wagner v. Arizona Municipal Risk Retention Pool, the court dealt a blow to a workers’ comp claimant by ruling that the municipal insurance pool is a “public entity.”
- This creates a massive hurdle because injured workers must now file a formal notice within a strict deadline before they can ever sue for bad faith.
- The court also protected the third-party administrator (TPA), ruling they can’t be sued individually for how they handle a workers’ comp file.
- Ultimately, the worker’s entire workers’ comp lawsuit was dismissed simply because they didn’t treat the insurance pool like a government agency.
Court Affirms Abatement of Disputed Workers’ Comp Claims Upon Death
- In the Matter of Brady v Town of Warwick, a New York appellate court affirmed that the claimant’s death effectively abated several disputed workers’ compensation claims.
- The ruling established that these unadjudicated claims could not be pursued because the employee’s passing prevented the necessary development of a medical record.
- Consequently, the Workers’ Compensation Board was not legally required to continue proceedings for these contested injuries.
- This decision reinforces that specific New York legal standards regarding claim abatement apply when a worker dies before a case is settled.
