Where a New York workers’ compensation claimant testified that he had not worked after a specific date and also represented to a carrier’s medical consultant that he had stopped working...
Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud Statute Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud StatuteA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002,...
Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued BenefitsConstruing 19 Del. C. § 2353(b), which bars an employee’s right to compensation for an injury if the injury results, inter alia, from “the employee’s deliberate and reckless indifference to...
Delaware Worker’s Running in Workplace Bars Claim for Injuries Delaware Worker’s Running in Workplace Bars Claim for InjuriesA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that not only imposed the mandatory penalty rescinding the claimant’s award of workers’ compensation benefits, but...
NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a Violation NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a ViolationThe Supreme Court of Pennsylvania, affirming a decision by the state’s Commonwealth Court, held that the express terms of Section 306(a.1) of the state’s Workers’ Compensation Act [77 P.S. §...
PA Supreme Court Construes Benefits Disqualification During Incarceration Statute PA Supreme Court Construes Benefits Disqualification During Incarceration StatuteA New York appellate court affirmed a decision by the state's Workers' Compensation Board that awarded benefits to a New York-based truck driver who sustained injuries in a roll-over accident...
NY Truck Driver's Reckless Driving Does Not Defeat Her Claim NY Truck Driver's Reckless Driving Does Not Defeat Her ClaimIn a decision not designated for publication, an appellate court from the state of Washington affirmed a jury’s determination that an injured worker was intoxicated to such an extent that...
Washington Landscaper Denied Benefits After "Blowing" Twice the Legal Limit Washington Landscaper Denied Benefits After "Blowing" Twice the Legal LimitCautioning that the analysis of the case by the state’s Department of Labor had come “perilously close to the prohibited concept of contributory negligence or fault,” the Supreme Court of...
SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp Disputes SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp DisputesIn an unpublished opinion, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s finding that an employer failed to meet its burden of...
Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful Misconduct Tennessee Healthcare Worker’s “Scuffle” With Patient Was Not Willful MisconductA 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 DisqualificationA determination by the New York Workers’ Compensation Board that a claimant made false representations regarding material facts in violation of N.Y. Workers’ Comp. Law § 114-a was supported by...
Video Surveillance & Social Media Result in Misconduct Finding by NY Board Video Surveillance & Social Media Result in Misconduct Finding by NY BoardReversing a decision of the state’s Court of Appeals, the Supreme Court of Georgia, in Telecom v. Burdette, 2017 Ga. LEXIS 103 (Feb. 27, 2017), held that while the mere...
Georgia Supreme Court Clarifies “Willful Misconduct” Doctrine Georgia Supreme Court Clarifies “Willful Misconduct” Doctrine