Legal Question in Workers Comp in Ohio

Are private investigators exempt from a lawsuit due to Bad Faith Law? In a case with worker's compensation in which benefits were terminated due to following the wrong person, causing a bogus investigation.


Asked on 3/01/10, 5:52 am

1 Answer from Attorneys

Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

The investigator is not liable for bad faith bc he is not an insurer processing a claim. However, he can be liable for professional negligence as his mstake resulted in his client (i.e, the insurer, employer, third-party administrator etc.) being sued. In addition, the investigator's mistake which resulted in erronenous claims handling decisions could be used to show the employer acted in good faith. Although the investigator was wrong, the employer/insurer didn't know this and was entitled to rely on the results. I deal with all of these issues and have alot of experince in bad faith and professional negligence matters. Please call me for a free consult on my direct line at 513-381-9216. I look forward to hearing from you.

Vaseem S. Hadi

www.rendigs.com

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Answered on 3/07/10, 3:47 pm


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