The Texas Supreme Court has recently ruled against a fire fighter who was injured on the job. The gist of its opinion is that, once again, a workers' compensation carrier cannot be liable under the main enforcement provisions of the Texas Insurance Code and the Texas Deceptive Trade Practices Act (dtpa). In addition, the insurance company does not have a common-law duty of good faith and fair dealing to the injured employee.
According to the Associated Press and Reuters, the parents of stuntman Kun Liu have filed a wrongful death lawsuit against the producers Nu Image and Millennium Films. Kun Liu was a stuntman killed while working on the action sequel The Expendables 2, which has a global release date of August 17, 2012.
For almost 25 years, the law protected injured workers by allowing them to pursue an action against workers' compensation insurance carriers when they act in "bad faith" during the handling of workers' compensation claims. That protection no longer exists for those who are most vulnerable: workers whose ability to earn a living has been interrupted by an occupational injury.