1330 AMH CONW H2742.1

HB 1330 - H AMD 186 FAILED 3-14-97

By Representative Conway

    On page 3, after line 22, insert the following:

    "(8)(a) Self-insured employers and authorized claims administrators have a duty of good faith and fair dealing towards claimants.  Violations of these good faith duties shall include, but not be limited to:  (i) Attempting to close a valid claim under this section that the employer, or his or her representative, knew or should have known was closed inappropriately; (ii) interfering with a worker's right to file a claim under this title; or (iii) having a history or pattern of repeated unfair claims practices.  The department shall adopt rules on unfair claims practices.

(b) A worker of a self-insured employer or beneficiary of such worker who is injured or damaged because of a violation of this section or violation of a rule adopted by the director under this title may bring a civil action against a self-insured employer or authorized claims administrator in superior court to enjoin further violations and to recover reasonable damages sustained by him or her, together with the cost of the suit including reasonable attorneys' fees to be set by the court."

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