Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a

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...

FL Court Affirms JCC's Finding of No Misrepresentation as to Claimant's "Outside" Income in Spite of Considerable Evidence to Contrary

Illustrating 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...

NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of Benefits

An 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 Claimant's False Representations Lead to Disqualification from Future Benefits

A 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 Court Affirms Use of Hearsay Evidence to Establish Employee Fraud

In 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’...

Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man

A 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...

Injured Worker’s Failure to Mention Involvement in Side Business Did Not Result in Disqualification

A 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...

NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits

Court Says Board Mischaracterized Videotape Surveillance Evidence A New York appellate court reversed a decision by the state’s Workers’ Compensation Board that disqualified a claimant from receiving future wage replacement...

Video Surveillance & Social Media Result in Misconduct Finding by NY Board

A 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...

SC Workers’ Comp Insurance Policy Procured After Injury is Void

Where owners of a roofing business rushed to an insurance agent and procured a workers’ compensation insurance policy just after an employee was taken to a hospital for treatment of...

Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known Misrepresentations

A Florida appellate court held that misrepresentations regarding a claimant’s medical history can disqualify the claimant from receiving benefits even if there is no direct link between the allegedly false...

NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that an employer’s surveillance videos and testimony of its private investigator, which primarily showed a workers’...

NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud

NY Employer’s Surveillance of Injured Worker Fails to Establish Fraud