The DNA of Bad Faith -

What Is It and How Did We Get Here?

Summary of Session:  Bad faith litigation arising out of a workers compensation claim is not new but understanding its history along with the national and state trends is critical in managing and handling workers’ compensation claims.  This presentation will cover where the claim came from to where it is now both at the state and national level.  This session will:

                                                                                                                                                                              

  • Review the history of the cause of action for bad faith in the workers compensation setting

  • Provide an update on the status of bad faith claims nationally

  • Review and discuss the current elements of a claim in South Dakota

  • Provide an update on recent case developments and allegations

Sue Simons

Staff Attorney - RAS

Sue joined RAS in 2015 as a staff attorney to assist with claims management and to address legal issues and compliance. Her primary areas of legal practice are workers’ compensation, employment law, and school law.

 She began her legal career in 1986 as a law clerk for the Honorable Judge Fred J. Nichol with the US District Court, District of South Dakota. She then went to work for Davenport Evans Law Firm in 1987 as an Associate and became a Partner in the firm in 1991 and remained in that position until 2010. In 2010 she joined the Sioux Falls School District #49-5 as the Assistant Superintendent HR/Legal Services.

She is a member of the Board of Directors for the Sioux Empire United Way and has served on the board for Volunteers of America, Dakotas, and the Boys Scouts of America.

Sue graduated Magna Cum Laude from the College of St. Benedict and received her Juris Doctorate (JD) from the University of South Dakota and was a Sterling Honor Graduate.

PO Box 89310

Sioux Falls, SD 57109

terese.schulte@rascompanies.com

605-362-5676

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