Disability Law

Liberty Mutual Sued for Intentional Infliction of Emotional Distress

By David A. McCranie, Esq.

Over the weekend, the St. Pete Times ran this heartrending story about James Dolan, a 34-year-old Radio Shack employee who was shot in the head by a gun-wielding assailant while on the job in 2004.  The attack not only left him totally blind, but suffering from post-traumatic stress syndrome as well.  His story was featured on the ABC television show Extreme Makeover Home Edition in 2005 after show's crew made his home handicapped-accessible.  You can see a clip from the show here.

But the story doesn't have a happy ending.  Mr. Dolan's wife had to quit her job in order to provide care for him.  The effect of that lost family income was compounded by the fact that the Dolans' property taxes and utility bills have increased because of the repairs to the home.

The Dolans requested Radio Shack's workers' compensation carrier, Liberty Mutual, to provide 12 hours per day in attendant care benefits to compensate Mrs. Dolan for the care that she has had to provide to her husband, but the carrier refused.  Instead, they hired vocational rehabilitation consultants who said not only that Mr. Dolan did not require any attendant care, but that he could actually return to work.  The JCC did award the requested benefits in this 2/13/2008 order, but Liberty Mutual appealed.  Fortunately for the Dolans, Liberty's attorney didn't file the notice of appeal within 30 days of the JCC's order, and the First DCA therefore dismissed the appeal. 

Exasperated with Liberty Mutual's handling of the claim, the Dolans have now sued them for intentional infliction of emotional distress.  Such causes of action against workers' compensation carriers were authorized by the Florida Supreme Court in Aguilera v. Inservices, Inc.  More on this deplorable situation later.

Full post as published by Florida Workers’ Compensation Law Blog on September 29, 2008 (boomark / email).