New York Workers’ Comp Construction Fraud Win

Chartwell attorneys Jason Lewis and Nicholas Switach obtained a significant appellate victory this week in a New York workers’ compensation matter involving construction fraud.

The case centered on a claimant who initially reported a minor workplace injury but later fabricated a much more serious version of the incident—one that would have potentially opened the door to a Labor Law 240/241 claim. Following a trial that included testimony from two employer witnesses, photographic evidence, and hospital records, the Workers’ Compensation Board found the claimant’s conduct “egregious,” citing his “concocted description of the accident and false testimony before the Board.”

The Board not only affirmed the fraud finding but also permanently suspended all awards, applying both mandatory and discretionary penalties.

This decision highlights Chartwell’s commitment to defending our clients against fraudulent claims and protecting the integrity of the workers’ compensation system.

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