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 – 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

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 – 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

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

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