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Crime Doesn't Pay - Especially in Workers' Compensation Cases

November 28, 2018
July 29, 2013
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The Client:

New York Workers' Compensation Case.

The Situation:

The claimant had been classified as permanently partially disabled many years earlier stemming from a work related accident that occurred on 7/10/97. He continued to collect weekly benefits and as this involved a pre-cap case, he would have been entitled to lifetime payments. Unfortunately for him, the carrier sent a work inquiry form, which he completed and returned, denying any work activity since the date of the accident. Not long thereafter, he was indicted with a number of co-defendants who allegedly ran an illegal offshore betting ring from Costa Rica that allegedly collected thirteen million dollars.

The Chartwell Solution:

We alleged fraud on the part of the claimant under Section 114-a of the New York Workers' Compensation Law. We demanded he be permanently disqualified from receiving workers' compensation benefits even though he is classified permanently partially disabled with lifetime benefits and has been collecting for many years. We were able to prove through documents and cross-examination at trial that he engaged in work activity, albeit illegal, while collecting benefits and denied work activity to the carrier in writing.

In a major decision handed down by the Senior Workers' Compensation Law Judge for the Brooklyn District of the New York State Workers' Compensation Board filed on July 16, 2013, the claimant was permanently disqualified from receiving workers' compensation indemnity benefits due to his violation of the fraud statute, Section 114-a.

Result:

Saving the client over $400,000.00.