LOIS Senior Associate Dan Gillis and Paralegal Jacklin Solomon obtained a finding of Section 114-a violation in a New York Workers’ Compensation claim. The claim involves an established multiple-site injuries arising from an accident that occurred over three years earlier. Nearly two years later, a subpoena response revealed a subsequent motor vehicle accident, and further hospital and MVAIC records showed the claimant had filed a no fault claim alleging additional injuries, shortly before undergoing neck surgery deemed related to the accident of record.
Following two hearings, Attorney Gillis demonstrated that the claimant deliberately concealed the subsequent accident from treating physicians for over a year and a half and gave incredible testimony minimizing its significance. The Law Judge credited Attorney Gillis’ arguments and found a violation of Section 114-a based on nondisclosure and false testimony, and imposed both mandatory and discretionary penalties, including a permanent bar to future indemnity benefits due to the egregious nature of the fraud. As a result of this favorable outcome, Carrier’s exposure was significantly reduced.
