Federal: Work Comp Insurance Adjuster’s Retaliatory Discharge Action Fails When Investigation Shows She Padded Resume and Exaggerated Employment Experience

The Sixth Circuit Court of Appeals has affirmed a decision by a federal district court granting summary judgment in favor of an insurance company/employer sued for retaliatory discharge by a disgruntled claims adjuster, who contended she was improperly fired after she filed a workers’ compensation claim following an alleged work-related injury. The adjuster contended she suffered injury when an overhead filing cabinet door fell on her hand. Following the incident, the employer discovered that the adjuster had earlier filed as many as eight workers’ compensation claims against her former employers, had greatly exaggerated her prior work experience and had falsified her resume. The adjuster indicated, for example, that she’d had considerable experience in claims administration when her actual experience had been in a clerical position only. The 6th Circuit agreed that the adjuster had been fired shortly after the filing of her comp claim, but indicated the employer had come forward with convincing evidence that its reasons for firing the employee were not based upon the filing of the workers’ compensation claim. The adjuster had shown no evidence that the reasons offered by the defendant employer were merely pretextual.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Banks v. Argos Risk Mgmt. Servs., 2014 U.S. App. LEXIS 11393 (6th Cir., June 13, 2014) [2014 U.S. App. LEXIS 11393 (6th Cir., June 13, 2014)]

See generally Larson’s Workers’ Compensation Law, § 104.07 [104.07]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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