Our partner John Coyle recently obtained a fraud finding disqualifying the claimant from wage replacement benefits for 10 years. Video surveillance of this claimant showed him engaged in a vigorous workout at a gymnasium in March of last year. In April, surveillance showed the claimant active around his house including using a shovel, kicking a ball, and operating a leaf blower. In June, footage shows him walking without a limp. Footage that month also showed the claimant mowing his lawn with a riding mower.
After reviewing all of the video surveillance, John cross-examined the claimant at a hearing held on August 5 of last year. John got the claimant to admit that he “did not recall” checking a box on a form for an independent medical examination in April indicating that he could not lift any weight. He also “did not recall” indicating on a form that he could not walk a city block. Conveniently, he also “could not remember” reporting his level of pain at 8/10 in the timeframe of his vigorous workout. John also elicited testimony from the claimant in which he reported difficulty with bathing and using the bathroom, all in the time frame of the video surveillance.
Based on John’s cross-examination as well as the clear inconsistency between the claimant’s performance at an April IME and his demonstrated activities on the surveillance video, the judge granted John’s application for a finding of Worker’s Compensation fraud and imposed a decade-long penalty against receiving monetary compensation benefits.
John’s work is an example of how our firm sweats the details in preparing a case and shows how our hard work pays off with good results.
