Claimant Committed Fraud While Pursuing Benefits in New York

On March 15, 2019 LOIS attorney Joseph Melchionne was successful in obtaining a favorable Reserved Decision determining that the carrier does not have a legal obligation to provide the claimant and the court with covert video surveillance reports during litigation of fraud under WCL Section 114(a). At trial, Melchionne argued that the claimant violated Section 114(a) and committed fraud because covert video surveillance was obtained that revealed the claimant performing masonry work while maintaining to his doctors that he was unable to even perform the simplest activities of daily living. The claimant’s material representations to his doctors compelled his treating physicians to issue medical reports opining that the claimant was totally disabled. In this case, the court determined that the claimant’s conduct was so egregious that not only was it determined that the claimant was ineligible to receive indemnity benefits for prior periods of lost time, but the court also utilized the discretionary penalty to disqualify the claimant from receiving any future indemnity benefits.