A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that found an injured employee had misrepresented his physical condition to his treating physicians–videotape surveillance showed...
Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-aIllustrating yet again the deference afforded a Judge of Compensation Claims when it comes to fact-finding, a Florida appellate court affirmed a JCC’s finding that an injured employee had not...
FL Court Affirms JCC's Finding of No Misrepresentation as to Claimant's "Outside" Income in Spite of Considerable Evidence to Contrary FL Court Affirms JCC's Finding of No Misrepresentation as to Claimant's "Outside" Income in Spite of Considerable Evidence to ContraryAn injured worker’s unpaid religious activity within a small church, which included providing occasional sermons, counseling a small group of parishioners, assisting with Bible studies and baptisms, and the like,...
NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of Benefits NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of BenefitsA New York appellate court affirmed a determination by a state Workers’ Compensation Law Judge, later upheld by New York’s Board, that disqualified a claimant from receiving future wage replacement...
NY Claimant's False Representations Lead to Disqualification from Future Benefits NY Claimant's False Representations Lead to Disqualification from Future BenefitsIn an unusual case that shows how traditional procedural rules can sometimes be disregarded in workers’ compensation cases, a New York appellate court affirmed a finding of the state’s Workers’...
NY Court Affirms Use of Hearsay Evidence to Establish Employee Fraud NY Court Affirms Use of Hearsay Evidence to Establish Employee FraudCourt Affirms Denial of Benefits Based on Improper Social Security Number. Signaling how easy it is in Florida to deny workers’ compensation benefits to an injured illegal immigrant, yesterday a...
Florida Illegal Immigrant Caught in Catch-22 Florida Illegal Immigrant Caught in Catch-22In Louisiana, a positive drug test following a work-related injury may not be offered as evidence that the injured worker’s injuries were the result of intoxication at the time of...
Inadmissible Drug Test May Not Be Used to Show Employee Fraud in Louisiana Inadmissible Drug Test May Not Be Used to Show Employee Fraud in LouisianaWhere the Michigan Legislature had promulgated one right of reimbursement for overpayment of workers’ compensation benefits—allowing recovery of the overpayment made within one year of the recoupment action under MCL...
Michigan Commission May Not Establish Overpayment Rules Re: Workers’ Comp Benefits on its Own Michigan Commission May Not Establish Overpayment Rules Re: Workers’ Comp Benefits on its OwnA partially-divided Supreme Court of Ohio has affirmed a decision by a lower level appellate court that, in turn, had refused to vacate an order terminating an injured worker’s PTD...
Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man Bartering Arrangement Results in Loss of PTD Benefits for Ohio ManA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former fireman violated N.Y. Workers’ Comp. Law § 114-a when he represented in a...
Videotape Surveillance Dooms Former NY Firefighter’s Right to Continued Wage Replacement Benefits Videotape Surveillance Dooms Former NY Firefighter’s Right to Continued Wage Replacement BenefitsA New York appellate court held the state’s Workers’ Compensation Board could reasonably conclude that a claimant had not made false statements or other misrepresentations for the purpose of obtaining...
Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in Disqualification Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in DisqualificationPlaintiffs May Not Back Out Because They Didn’t Account for Workers’ Comp Lien and Medicare Set-Aside An open-court stipulation of settlement in a New York trial court is an independent...
Open Court Settlement Stipulation Binds Parties in NY Civil Action Open Court Settlement Stipulation Binds Parties in NY Civil Action