A Hypothetical Case and background
In this first discussion
For discussion to this Blog and the hypothetical case presented, the injury takes place in New York State. Therefore, laws cited, pertain to New York State Workers’ Compensation Laws.
We’ll address the issue of whether the insurance carrier and its attorneys conspired a scheme to cast negative credibility on the claimant. Questions discussed are, did the insurance carrier and their defense attorney’s falsify documents? How did documents disappear from the case records and who ordered it? Finally, did the attorneys present false and misleading documents and lie to the trial and senior judges? The law pertaining to this behavior is provided under NYS Workers’ Compensation Law, section 114.2 , and is a class E felony.
Our discussion will also address if there was a misrepresentation made by the claimant in reporting his work status. By law, section 114.a (1) states, if the claimant is found to have committed fraud, he/she will be disqualified from receiving any compensation and faces loss to all potential medical treatments and recovery to wages lost.