Losing your workers’ comp benefits – permanently

A recent case in New York has surprised workers across the state.  A man accused of lying about a back injury that prevented him from working has been told he is ineligible for any further workers’ comp benefits – for the rest of his life.

In this case, Church v. Arrow Electric, a man injured his back while at work, and the injury was so serious that he had to have back surgery.  He claimed that he could not work while he recovered, and was given workers’ compensation benefits.

In addition, the man claimed to have pain in his leg which caused him to limp, and as a result he was able to only lift small items.

However, his employer was suspicious and eventually caught him on video tape picking up and swinging his grandchildren.  His employer argued that had the man really been unable to work or lift more than small weights, he should have been unable to pick up and swing around his grandkids.

In addition, the insurance company doctor observed the man walking in the parking lot without a limp, and reported him.  Between the company doctor’s claim and the video tape, the man lost his case in state court.

However, not only did the New York Workers’ Compensation Board cut off his benefits, they also ruled that he was now disqualified from ever receiving workers’ comp benefits again.  Pretty harsh consequences, indeed.