Amid Public Pressure, Salem Drops Appeal and Settles Widow’s Claim

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.

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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.

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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.

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