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, using...
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, could engage in...
Noting that the New York Workers’ Compensation Board has broad authority to resolve factual issues based on credibility of witnesses, a state appellate court affirmed the denial of benefits to a state hearing officer who claimed she was seriously injured when elevator...
A Louisiana appellate court affirmed a decision by a state workers’ compensation judge that a worker forfeited his right to workers’ compensation benefits because he deliberately made false statements in order to obtain workers’ compensation [La. Rev. Stat. 23...
An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence, some of which...
The Board was justified in finding claimant had violated N.Y. Work. Comp. Law § 114-a and should be disqualified from receiving wage replacement benefits where the claimant represented to an orthopedic surgeon that he could not do anything more than sedentary activity...
When, during a deposition related to claimant’s workers’ compensation claim, a representative of the employer indicated that it had conducted no surveillance activities of the claimant, the employer was under an obligation to supplement that answer...
Iowa Code § 85.27(2), which generally requires an employer or insurance carrier immediately to release all information concerning the employee’s physical or mental condition relative to the workers’ compensation claim, does not override the state’s work product...
Surveillance video that showed a deputy sheriff—while he was being paid workers’ compensation disability benefits—operating a pickup truck with a snowplow attached for some five hours and that also showed the deputy twisting his head and neck...
A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that claimant violated N.Y. Workers’ Comp. Law § 114-a by misrepresenting her work activity while receiving benefits. At a hearing, claimant testified that she had not worked...
This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. VERMONT DEPARTMENT OF LABOR DECISIONS Nguyen v. Best Foods Baking Co. , Opinion No. 22-13WC (October 2, 2013) Claimant’s ongoing...
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 as needed basis...
Larson's Spotlight on Surveillance, Workers' Comp Insurance, Retaliatory Discharge, and Reduction of Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...
Larson's Spotlight on Videotape Evidence, Going and Coming Rule, PTSD, and Foot Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...
DEPARTMENT OF LABOR DECISIONS Rowell v. Northeast Kingdom Community Action , Opinion No. 17-11WC (July 8, 2011). Claimant is not entitled to PTD for his February 2007 back injury under the "odd lot" doctrine. Claimant's medical experts testified...