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The Oklahoma Supreme Court — in a case involving what a concurring justice referred to as an insurer's “appalling conduct” — has expanded the ability to bring bad faith claims against workers' compensation insurance carriers.
|The case
On Sept. 10, 2014, Tracy Meeks filed a petition in an Oklahoma state court alleging that Southside Recycling LLC, through its insurance carrier, Guarantee Insurance Company, had in bad faith engaged in a systematic pattern and practice of refusing to pay court-ordered temporary total disability (TTD) benefits on 26 separate occasions, without just cause.
In support, Meeks relied on various previously entered TTD orders by the Oklahoma Workers' Compensation Court (WCC). In particular, Meeks proffered a June 26, 2014, WCC order that stated:
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