Larson's Spotlight on Asbestosis, Subrogation, Joint Employee, Pension, and Intentional Misrepresentation . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...

Florida’s workers’ compensation fraud statute, § 440.105(4), Fla. Stat., does not require a physician to “interrogate” the claimant regarding what may have been false or misleading statements provided by the claimant to the...

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...

A New York appellate court held that substantial evidence supported a determination by the state Board that claimant had made false statements on a questionnaire for the purpose of obtaining workers’ compensation benefits [see N.Y. Work. Comp. Law...

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...

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...

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...

CALIFORNIA COMPENSATION CASES Vol. 79 No. 6 June 2014 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...

Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits...

CALIFORNIA COMPENSATION CASES Vol. 83 No. 2 Feb 2018 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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 employee fraud...

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...

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...

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...

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’...

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...