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Lying on the Stand? Employer only has right to reimbursement.

Based on the claimant’s testimony at trial, Rutgers was ordered by a Comp Judge to provide a knee surgery to a claimant. Rutgers argued that a surveillance video they obtained showed that the claimant lied during his testimony – and that the Judge didn’t give the video enough weight (the Judge viewed the video after he had ruled that the surgery was necessary). The appellate Court upheld the Judge of comp – stating that even if Rutgers was right, that Rutgers would only be allowed to seek reimbursement for expenses associated with treatment obtained through fraud.

This decision hurts Rutgers. Unfortunately, Rutger’s counsel apparently waited until AFTER the trial was concluded – and the Judge rendered his decision – to bring up the videotape.

Case: Scott Del Vecchio v. Rutgers, A-2780-08T3 (App. Div., decided November 5, 2009).

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