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

Acknowledging that the New York Workers’ Compensation Board had broad latitude in determining whether an employee had violated N.Y. Workers’ Comp. Law § 114-a—for example, by failing to disclose post-injury earnings—but also... 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

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 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 North Dakota district court committed error when, in relevant part, it affirmed an ALJ’s finding that claimant’s false statements as to his income and work activities were not willful and were instead “inadvertent,” and not made... Read More

Practitioners have noticed a slew of WCAB Noteworthy Panel Decisions recently relating to the imposition of sanctions for “bad faith tactics” under Labor Code § 5813 [ LC 5813 ]. Everyone wants to avoid sanctions, so litigators should... Read More

A finding by the state Workers’ Compensation Board that surveillance video did not show any images of claimant engaging in physical activities inconsistent with any representation he made to a doctor was not supported by substantial evidence, held... Read More

CALIFORNIA COMPENSATION CASES Vol. 80 No. 6 June 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

A grant of summary judgment by the Louisiana Office of Workers’ Compensation that order the forfeiture of a claimant’s right to workers' compensation benefits under La. Stat. Ann. 23:1208, based upon a finding that he made false statements... Read More

When should a claim be dismissed for lack of appearance? In the case of Nunez v. Petrochem Insulation, Inc ., 2016 Cal. Wrk. Comp. P.D. LEXIS --, applicant alleged a CT injury ending in 2009. In April 2011 there was a “stipulation” signed... Read More

A Florida appellate court affirmed a decision by a state judge of compensation claims that barred a long-haul truck driver from receiving workers’ compensation benefits for an alleged work-related injury based on findings that the driver had given... Read More

Where a claimant pleaded guilty to violating probation by committing a crime that involved the sale of a controlled substance or a narcotic and two days later, in an Alford plea, claimant further pleaded guilty to two separate counts of criminal sale... Read More

New York’s Workers’ Compensation Board could reasonably conclude that a claimant had not violated N.Y. Work. Comp. Law § 114-a—the false statement/misrepresentation of material fact provision—where a surveillance video showed... Read More