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
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
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
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
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
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
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
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
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
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
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
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