Workers' Compensation

Recent Posts

Louisiana: JCC's Credibility Findings Sufficient to Withstand Employer's Fraud Charge
Posted on 26 Jul 2020 by Thomas A. Robinson

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

Florida: JCC's Credibility Findings Sufficient to Withstand Employer's Fraud Charge
Posted on 26 Jul 2020 by Thomas A. Robinson

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

New York: Failure to Disclose "Religious Activity" Was Not a Violation of § 114-a
Posted on 26 Jul 2020 by Thomas A. Robinson

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

New York: Misrepresentations Regarding Claimant's Photography Business Justified Disqualification From Further Benefits
Posted on 20 May 2020 by Thomas A. Robinson

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

Ohio: Bartering Scenario at Horse Racing Track Disqualifies Claimant from PTD Benefits
Posted on 14 Sep 2019 by Thomas A. Robinson

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

New York: Truck Driver’s Failure to Mention Side Business Did Not Result in Forfeiture of Benefits
Posted on 16 Jun 2019 by Thomas A. Robinson

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

New York: Board Commits Error in Disqualifying Injured Worker From Future Benefits
Posted on 26 Apr 2019 by Thomas A. Robinson

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

New York: Videotape and Social Media Evidence Torpedo Worker’s Claim for Benefits
Posted on 4 Jan 2019 by Thomas A. Robinson

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 (8/21/2014) – Crooked Ex-Cop Pleads Guilty To Attempted Workers’ Compensation Fraud
Posted on 22 Aug 2014 by LexisNexis Workers' Comp Newsroom Fraud Team

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

An Ominous Portent for Maryland’s Business Community: Workers’ Compensation Commission Revises Procedural Regulations
Posted on 12 Jul 2013 by Lance G. Montour

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 (4/3/2014) – Buffet Restaurant Manager Used Safe Houses To Hide Undocumented Employees Who Were Paid In Cash
Posted on 4 Apr 2014 by LexisNexis Workers' Comp Newsroom Fraud Team

Workers' Comp Fraud Blotter – April 3, 2014 Buffet Restaurant Manager Used Safe Houses To Hide Undocumented Employees Who Were Paid In Cash (ME) – Mei Juan Zhang, who managed the Grand Asian Buffet restaurant, part of a group of restaurants... Read More

California: Anti-Paparazzi Law Inapplicable in a Workers' Compensation Proceeding
Posted on 21 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Duong v. Automobile Club of Southern California , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a WCAB panel held that a sub rosa video recorded by the defendant in the parking lot of a mobile home park (where the applicant did not live) and inside an Albertson’s... Read More

Workers' Comp Fraud Blotter (5/1/2014) – Workers’ Compensation Pill Distributor Sentenced To Ten Years In Federal Prison After Overdose Deaths
Posted on 2 May 2014 by LexisNexis Workers' Comp Newsroom Fraud Team

Workers' Comp Fraud Blotter – May 1, 2014 Workers’ Compensation Pill Distributor Sentenced To Ten Years In Federal Prison After Overdose Deaths (NY) – Craig Oleksowicz has been sentenced in federal court to ten years imprisonment... Read More

California: Lien Disallowed for Surgical Hardware Provided to Pacific Hospital of Long Beach
Posted on 28 Jun 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB disallows lien for surgical hardware based on admitted fraudulent activities of Michael Drobot and adverse inferences drawn against lien claimant including failure to produce documents of its ownership interests, fictitious business name statement... Read More

Defendant’s Strict Security Regulations Prevented Applicant From Disclosing Information on Work Exposure: Cal. Comp. Cases March Advanced Postings (3/17/2015)
Posted on 18 Mar 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More