Tag: misrepresentation

Jul 23, 2020

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...

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 Contrary
Jul 7, 2020

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 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 Benefits
Apr 23, 2020

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 Claimant's False Representations Lead to Disqualification from Future Benefits NY Claimant's False Representations Lead to Disqualification from Future Benefits
Jan 13, 2020

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’...

NY Court Affirms Use of Hearsay Evidence to Establish Employee Fraud NY Court Affirms Use of Hearsay Evidence to Establish Employee Fraud
Aug 23, 2019

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...

Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man Bartering Arrangement Results in Loss of PTD Benefits for Ohio Man
Jun 4, 2019

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...

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 Disqualification
Apr 19, 2019

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...

NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits
Dec 27, 2018

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...

Video Surveillance & Social Media Result in Misconduct Finding by NY Board Video Surveillance & Social Media Result in Misconduct Finding by NY Board
Oct 30, 2017

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...

SC Workers’ Comp Insurance Policy Procured After Injury is Void SC Workers’ Comp Insurance Policy Procured After Injury is Void
Aug 3, 2017

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...

Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known Misrepresentations Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known Misrepresentations
Jan 5, 2015

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

Aug 15, 2014

Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations

A Louisiana appellate court has affirmed an Order of the state’s Office of Workers’ Compensation that heavily sanctioned a workers’ compensation claimant for fraud in violation of La. R. S....

Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations Louisiana Claimant Gets Hit With Forfeiture of Benefits and Stiff Penalties for Misrepresentations