Wis. Admin. Code Department of Workforce Development DWD 80.70 - Malice or bad faith
(1) An employer who unreasonably refuses or
unreasonably fails to report an alleged injury to its insurance company
providing worker's compensation coverage, shall be deemed to have acted with
malice or bad faith.
(2) An
insurance company or self-insured employer who, without credible evidence which
demonstrates that the claim for the payments is fairly debatable, unreasonably
fails to make payment of compensation or reasonable and necessary medical
expenses, or after having commenced those payments, unreasonably suspends or
terminates them, shall be deemed to have acted with malice or in bad
faith.
Notes
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