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Torts: Accrual Date of Workers Compensation Bad Faith Claim

Posted by Ted A. Schmidt | Oct 25, 2022 | 0 Comments

Torts: Accrual Date of Workers Compensation Bad Faith Claim

France v. Arizona Counties Insurance Pool, No. 2 CQ-CV2022-0024 (App. Div. II, October 21,2022) (J.Vasquez)


John France was a sergeant with the Gila County Sheriff's Department when involved in a shooting incident causing him post traumatic stress disorder. He was unable to return to work and made a worker's compensation claim which the Arizona Counties Insurance Pool [ACIP] which was denied on August 7, 2017. France contested the denial and the Industrial Commission of Arizona [ICA] denied his claim but ultimately the Arizona Supreme Court set aside the ICA award and Frances' claim was found to be compensable. 

In August 2019 France sued ACIP claiming it had denied his claim in bad faith. He filed a notice of claim on July 28, 2020. The trial court granted ACIP's motion to dismiss finding the suit was time barred.  The Arizona Court of Appeals affirmed the trial court.

A claim for bad faith denial of a workers compensation claim accrues on the date the claim is denied, not when a court later adjudicates the claim compensable.  A claim against the state must be brought within one year preceded by a notice of claim within 180 days of the denial.  Here plaintiff's claim accrued in August 2017 and needed to be filed by August 2018 to avoid the statute of limitations

About the Author

Ted A. Schmidt

Ted's early career as a trial attorney began on the other side of the fence, in the offices of a major insurance defense firm. It was there that Ted acquired the experience, the skills and the special insight into defense strategy that have served him so well in the field of personal injury law. Notable among his successful verdicts was the landmark Sparks vs. Republic National Life Insurance Company case, a $4.5 million award to Ted's client. To this day, it is the defining case for insurance bad faith, and yet it is only one of several other multi-million dollar jury judgments won by Ted during his career. He is certified by the State Bar of Arizona as a specialist in "wrongful death and bodily injury litigation".


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