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Vacanti v. State Compensation Insurance Fund

Medical care providers' claims alleging that workers' compensation insurers conspired to drive providers out of business were not barred by exclusivity provisions of workers' compensation law.

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The full case caption appears at the end of this opinion.

This case contains a new twist on the seemingly endless litigation over the scope of workers’ compensation exclusivity. Unlike thetypical case where an employee wishes to sue his or her employer or workers’ compensation insurance carrier, this case involves agroup of medical providers that wish to sue a group of workers’ compensation insurers. In their novel complaint, the medicalproviders allege the insurers conspired to put them out of business by intentionally mishandling their lien claims before the Workers’Compensation Appeals Board (WCAB) and seek only to recover the damage to their businesses. We now consider whether theexclusive remedy provisions of the Workers’ Compensation Act (WCA) preempt the statutory and tort claims asserted by thesemedical providers and conclude that these provisions bar some claims but not others.

 
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