The claimant violated N.Y. Workers’ Comp. Law § 114-a by knowingly making a material misrepresentation, which disqualified him from receiving future indemnity benefits, where surveillance videos showed him stooped over and walking very slowly... Read More
The failure on the part of a workers’ compensation claimant to disclose that he and others had been involved in illegal gambling activities—bookmaking—constituted the sort of misrepresentation that warranted the mandatory penalty rescinding... Read More
A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that had found a claimant’s failure to disclose that she had been involved in several prior motor vehicle accidents in which she had claimed to... Read More
A Louisiana appellate court affirmed a WCJ's finding that an employer had not reasonably controverted a claim in spite of the employer's evidence that the injured worker had a preexisting co-morbid condition -- a congenital single kidney -- that... Read More
A JCC's decision finding that a workers' compensation claimant had not knowingly misrepresented her post-injury earnings was affirmed by a state appellate court in spite of considerable evidence that contrary. The claimant sustained a work-related... Read More
A decision by the New York Workers' Compensation Board that an injured worker had not violated N.Y. Workers' Comp. Law § 114-a, by failing to disclose her religious activity in her church -- preaching occasional sermons, counseling a small... Read More
Where a New York claimant testified during a 2015 hearing that she had not worked in any capacity nor had she run any business since her PTD classification, yet during a 2016 disqualification hearing, she admitted that she operated a photography business... Read More
Finding that there was sufficient evidence to support a decision by the Ohio Industrial Commission that an injured worker had, without advising the Commission or the employer, knowingly engaged in sustained remunerative employment in the form of exchanging... Read More
A New York truck driver’s failure to disclose his involvement in an online and retail flower business was not the sort of misrepresentation that should disqualify him from receiving workers’ compensation benefits under N.Y. Workers’... Read More
A Board decision that disqualified an injured worker from receiving future wage replacement benefits was erroneous where the New York appellate court found that the Board’s decision had been based on speculation and conjecture. The court acknowledged... Read More
Where a workers’ compensation claimant represented to an independent medical examiner that he could not sit upright or stand without head support, that he became dizzy from time to time, could not engage in play or other activities with his son... Read More
Workers' Comp Fraud Blotter – August 21, 2014 Crooked Ex-Cop Pleads Guilty To Attempted Workers’ Compensation Fraud (OH) – In order to avoid jail time, former law enforcement officer Thomas Gamble has pled guilty to attempted... Read More
By Lance Montour, Esq. It has been some time since the entirety of the regulations governing workers' compensation were reviewed and revised. For a number of years, the Maryland Workers’ Compensation Commission has addressed concerns on an... Read More
Workers' Comp Fraud Blotter – November 13, 2014 Home Healthcare Agency Owner Residing In Jail For a Month and Ordered To Pay Restitution of $124,000 (OH) – Lawanna Porter, who operated Palladium Healthcare, a home healthcare agency... Read More
Workers' Comp Fraud Blotter – May 21, 2015 Convicted Owner of Security Sentry Firm Will Get To Know the Guards On the Other Side of the Fence (OH) – Gregory Oakes, doing business as American Sentry Inc./Delta Elite Inc., will serve... Read More