National Union Fire Ins. Co. v. McDougall

**What Happened** McDougall was an employee who won a workers' compensation case and was awarded money by the Workers' Compensation Board. However, National Union Fire Insurance Company, which handled workers' compensation claims for his employer Air Products & Chemicals, refused to pay the amount the Board had ordered them to pay. **What the Court Decided** The court ruled in favor of McDougall and ordered the insurance company to pay $924,529.02 in damages. The court found that even though the insurance company may have acted in good faith (believing they had valid reasons not to pay), this doesn't excuse them from failing to pay a final workers' compensation award. Under Delaware's Workers' Compensation Act and Wage Payment and Collection Act, once the Board issues a final order requiring payment, it must be paid regardless of the company's intentions. **Why This Matters for Workers** This ruling strengthens protections for workers who win workers' compensation cases. It establishes that employers and their insurance companies cannot simply refuse to pay final workers' compensation awards, even if they believe they have good reasons. Workers can seek additional damages when companies fail to pay what they're legally required to pay after a workers' compensation decision.