Workers' Compensation

Recent Posts

New York: Employee is Disqualified from Further Benefits by Failure to Disclose Auto Accident on Medical Intake Form
Posted on 27 Dec 2021 by Thomas A. Robinson

Where an employee failed to disclose on an intake form at the office of a physician employed to conduct an independent medical examination that he had been involved in a motor vehicle accident after his work-related injury, the Board could exercise its... Read More

New York: No § 114-a Violation Claimant’s Inexperience With PCs Explained Inconsistencies in Online Job Applications
Posted on 25 Apr 2021 by Thomas A. Robinson

A decision by the New York Workers’ Compensation Board that found a claimant had made the sort of misrepresentations under N.Y. Workers’ Comp. Law § 114-a that would justify termination of her workers’ compensation benefits was... Read More

New York: Videotape Establishes That Injured Worker Exaggerated Symptoms to Influence Medical Opinions
Posted on 19 Feb 2021 by Thomas A. Robinson

Where videotape surveillance indicated an injured employee was capable of activities that were substantially more strenuous than those that she told her treating physician that she was capable of performing, the Board was justified in finding the employee... Read More

New York: Hearsay Evidence Relied Upon to Show Employee Fraud
Posted on 20 Jan 2020 by Thomas A. Robinson

Illustrating the point that formal rules of evidence can sometimes be relaxed within the context of workers’ compensation claims, a New York appellate court affirmed a finding by the state Board that an injured employee violated the state’s... Read More

Florida: Undocumented Worker Denied Medical Care Following Injury
Posted on 7 Nov 2019 by Thomas A. Robinson

Affirming a decision by a state Judge of Compensation Claims, a Florida appellate court has agreed that an undocumented worker who sustained injuries in a work-related accident can be denied benefits on the basis that he used someone else’s Social... Read More

New York: Video Surveillance of Injured Firefighter’s Activities Showed Different Picture of Level of Disability
Posted on 14 Jul 2019 by Thomas A. Robinson

Where a claimant, former firefighter, represented during a functional capacity evaluation that he was unable to lift and/or carry any weighted objects, crouch, reach for an object, or complete any of the balance tests required during the evaluation, yet... Read More

North Carolina: Police Officer Loses Retaliatory Discharge Action
Posted on 4 Jul 2019 by Thomas A. Robinson

In an opinion not designated for publication, the Court of Appeals of North Carolina affirmed a trial court’s order granting the defendant/employer summary judgment in a retaliatory discharge action filed against it by a former police officer who... Read More

New York: Claimant Disqualified from Future Benefits Based Upon Misrepresentations as to Post-Injury Earnings
Posted on 18 Jan 2019 by Thomas A. Robinson

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found in relevant part that claimant violated N.Y. Workers’ Comp. Law § 114-a and disqualified him from future indemnity benefits where... Read More

New York: Videotape Evidence Sinks Claimant’s Claim
Posted on 25 Oct 2018 by Thomas A. Robinson

A workers’ compensation claimant was appropriately disqualified from receiving benefits under N.Y. Work. Comp. Law § 114-a(1) where claimant represented to his treating physician and the carrier's medical expert that he was in constant... Read More

California: Dual Employment and the Six-Month Employment Requirement
Posted on 31 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB protects temporary and leased employees from shifting general and special employers who could game the system to avoid potential liability In Martinez v. Mass Precision , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a split panel WCAB affirmed the... Read More

Predictive Analytics and Big Data in the Workplace and Beyond: The Science Behind the Crystal Ball
Posted on 25 Nov 2014 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. An awful lot of ink has been devoted lately... Read More

Workers' Comp Fraud Blotter (6/9/2011) – Immigration Attorney’s Wife Joins Him In Federal Prison
Posted on 10 Jun 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Workers' Comp Fraud Blotter (6/16/2011) – Psychologist Charged With Fake Postal Employee Fear of Dogs Disability Claim
Posted on 17 Jun 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More