Hamberger and Weiss secured a “knockout” win that led to a mandatory penalty and disqualification from the receipt of any future indemnity benefits due to claimant’s misrepresentations regarding his “boxing” activities.

Our partner, John Land was successful in obtaining a fraud finding and disqualification of indemnity benefits where a claimant blatantly mischaracterized his physical capabilities. Claimant testified that he was totally disabled for an extended period of time and could only perform gentle exercise and physical therapy. Surveillance showed that the claimant was very active at his gym and engaged in strenuous boxing activities. Surveillance also showed that the claimant performed many physical activities without utilizing his back brace. The Law Judge agreed with our position that the claimant misrepresented his physical capabilities, directed a mandatory penalty for all benefits received after the date of the surveillance and a permanent disqualification from future indemnity benefits due to the egregious nature of the misrepresentations. 👨‍💼💼 🏢

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