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BROWN v. LIBERTY MUT. INS. CO.3/23/1994
The United States District Court for the Northern District of Iowa has certified two questions to this court arising out of a suit for bad-faith failure to pay workers' compensation benefits. The questions posed are as follows:
1. When does a cause of action for bad faith failure to pay workers' compensation benefits accrue — the date the claim is denied by the insurer, the date the industrial commissioner first determines that the injury and/or disability is compensable under the Iowa Workers' Compensation Act, or at some other time? [513 NW2d Page 763]
2. What limitation period applies to the bringing of such a cause of action — the two-year period of Iowa Code section 614.1(2), the five-year period of section 614.1(4), or some other period?
The facts giving rise to the inquiry are not disputed. On June 11, 1987, plaintiff Greg Brown allegedly suffered a work-related back injury. He claimed workers' compensation benefits from his employer, United Parcel Service, and its insurance carrier, defendant Liberty Mutual Insurance Company. Liberty Mutual denied the claim by letter on July 20, 1987.
Brown then filed a petition for arbitration with the Iowa Industrial Commissioner, seeking weekly benefits, medical expenses, and penalties pursuant to Iowa Code section 86.13 (1987). Liberty Mutual's answer alleged that Brown's disability did not stem from his employment, but from preexisting medical problems.
The industrial commissioner heard the contested case and, on May 18, 1989, ruled that Brown was entitled to 110 weeks of permanent partial disability benefits, twenty-three weeks of healing-period benefits, statutory interest, medical expenses, mileage fees, and costs. Liberty Mutual promptly paid the award. The issue of penalty benefits was mediated separately, ultimately resulting in a $10,000 settlement.
On March 20, 1991, Brown filed suit in the Iowa District Court alleging bad faith in Liberty Mutual's original denial of the claim. Brown sought both actual and punitive damages for economic loss resulting from the delay, severe mental and emotional distress, and damage to his reputation in the community. Following a general denial by Liberty Mutual, the action was removed to federal court. A statute-of-limitations defense interposed by Liberty Mutual led to the court's inquiry concerning the accrual date of Brown's cause of action and selection of the correct limitation period.
I. Accrual of claim. Generally speaking, an action "`accrues' when all the elements are known, or in the exercise of reasonable care should have been known, to the plaintiff." LeBeau v. Dimig, 446 N.W.2d 800, 801 (Iowa 1989); Sandbulte v. Farm Bureau Mut. Ins. Co., 343 N.W.2d 457, 462 (Iowa 1984). The two elements necessary to sustain a first-party claim of bad-faith failure to pay insurance benefits are (1) absence of a reasonable basis for denying benefits under the policy, and (2) proof of the insurer's knowledge or reckless disregard of the lack of a reasonable basis for denying the claim. Dolan v. Aid Ins. Co., 431 N.W.2d 790, 794 (Iowa 1988). This court recently extended the tort to redress the bad-faith nonpayment of workers' compensation benefits. Boylan v. American Motorists Ins. Co., 489 N.W.2d 742, 744 (Iowa 1992). Our Boylan decision rested, at least in part, on the employer's affirmative duty under section 86.13 "to act reasonably in regard to benefit payments in the absence of specific direction by the commissioner." Id. at 743.
The federal court's first question suggests two possible target dates for accrual of the action — the date the claim is denied by the carrier or the date the industrial commissioner determines the
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