LOIS Associate Bradley Haymes successfully secured a Section 114-a violation in a New York Workers’ Compensation claim. Attorney Bradley requested development of the record on Section 114-a violation based on covert surveillance showing Claimant at a sporting event for over an hour. Despite Claimant’s representation to the treating physician and to the Court that she could not stand for more than a few minutes versus what was demonstrated in the covert surveillance, the Law Judge awarded 75% loss of wage earning capacity for a back injury, found no 114-a violation, and assessed a frivolous litigation penalty against the Carrier for raising 114-a violation.
On appeal, the Board Panel reversed the Law Judge ruling and upheld the position of Attorney Haymes. The Board indicated that this case is the most egregious example of fraud, as it imposed the maximum penalties, permanently disqualifying the Claimant from receiving benefits, and deemed the LWEC determination moot in light of the Section 114-a violation. As a result of this favorable outcome, Carrier’s exposure is substantially reduced.
