Workers' Compensation

Recent Posts

New York: Videotape Shows Significant Discrepancy Between Claimant’s Claimed Condition of Disability and Reality
Posted on 3 Aug 2021 by Thomas A. Robinson

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

New York: Failure to Disclose Gambling Activity Results in Forfeiture of Benefits
Posted on 3 Aug 2021 by Thomas A. Robinson

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

New York: Board Has Broad Discretion in Determining § 114-a Violations
Posted on 3 Aug 2021 by Thomas A. Robinson

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

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 (11/13/2014) – Home Healthcare Agency Owner Residing In Jail For a Month and Ordered To Pay Restitution of $124,000
Posted on 14 Nov 2014 by LexisNexis Workers' Comp Newsroom Fraud Team

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 (5/21/2015) – Convicted Owner of Security Sentry Firm Will Get To Know the Guards On the Other Side of the Fence
Posted on 22 May 2015 by LexisNexis Workers' Comp Newsroom Fraud Team

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