A story about a Liberty Mutual Insurance Group unit dodging a punitive damages claim from a UPS driver on disability was the most read workers compensation story on Business Insurance’s website over the past year.  

Delivery driver Anthony Lee Tutor claimed he injured his back while delivering a box in 2011, a time when he was being treated for back pain. Because of his sudden injury, he claimed he could not work. His employer denied that he had a comp claim and instead allowed him to file for short-term disability for an injury deemed to have been one not connected to work. 

He filed and received short-term disability pay, which was set to expire in early 2012. All the while, he continued treatment and complained of chronic back pain, stating he would not be able to go back to work, according to documents chronicling numerous doctor visits.   

Just days before his disability expired, he contacted an attorney to assist in filing a workers comp claim, which the insurer — initially unaware of Mr. Tutor’s injury at work in 2011 — denied in letters to the driver’s attorneys, requesting more information on Mr. Tutor’s health, including records missing from his initial filing.  

Following further investigation, which included examination by a physician hired by Liberty Insurance Corp. who testified that Mr. Tutor’s injury was caused by his job, the insurer accepted the workers comp claim and settled the claim for $160,000.  

But Mr. Tutor sued Liberty and UPS, arguing that he was entitled to extra damages, including punitive damages, for the alleged “bad faith handling” of his work injury claim.  

A jury in 2017 awarded Ms. Tutor $500,000 in damages to be paid by UPS and $100,000 in damages to be paid by Liberty, according to documents.   

Only Liberty appealed, arguing among other things that it learned of the injury more than eight months after the fact and that it had a right under state law to investigate the claim.   

The appeals court ruled for Liberty in a majority decision.