Tag: penalty

Oct 3, 2022

Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud Statute

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 Statute
Jun 27, 2022

NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a

A New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...

NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a
May 24, 2022

Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits

A 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 Benefits
Oct 22, 2021

Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases

The Supreme Court of Ohio, affirming a decision of a lower state appellate court, held that the Ohio Industrial Commission had properly rejected a proposed settlement related to an employer’s...

Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases Ohio Supreme Court Reiterates Commission’s Power to Reject Settlements in VSSR cases
Oct 12, 2021

Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits

The New York Workers’ Compensation Board was within its powers when it found an injured worker had violated N.Y. Workers’ Comp. Law § 114-a, by failing to disclose on an...

Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits
Mar 30, 2021

Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company

Lamenting that under the plain wording of Ky. Rev. Stat. § 342.165(1), a temporary staffing company can only be liable for the special 30 percent enhancement of workers’ compensation benefits...

Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company
Jul 24, 2020

Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid Condition

A Louisiana appellate court affirmed an award of indemnity benefits, medical expenses, $6,000 in penalties, and $9,500 in attorney’s fees to a foreman who sustained two heat exhaustion episodes in...

Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid Condition Louisiana Foreman Awarded Benefits for Heat Exhaustion in Spite of Co-Morbid Condition
Apr 29, 2020

PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees

In a decision that discusses the complex give and take between an injured Pennsylvania employee and an employer who contends that the employee no longer is entitled to a payment...

PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees
Feb 14, 2020

Ohio Fire Department Hit With Safety Penalty

In a case construing Ohio’s unique law and rules regarding the violation of a specific safety requirement, a state appellate court refused to overturn a decision by the state’s Industrial...

Ohio Fire Department Hit With Safety Penalty Ohio Fire Department Hit With Safety Penalty
Feb 11, 2020

Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment

An Illinois appellate court affirmed an order of a county circuit court that, in turn, confirmed a decision of the state’s Workers’ Compensation Commission reversing an award of attorney fees...

Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment