Beware of Purposely Making Misleading Statements

16 Dec 2014 Written by  mgworkerscomplaw.com
Supreme Court Justice Barry Albin speaks at the New Jersey State Bar Association's annual meeting and convention held in Atlantic City. Friday May 15, 2013 Supreme Court Justice Barry Albin speaks at the New Jersey State Bar Association's annual meeting and convention held in Atlantic City. Friday May 15, 2013 Patti Sapone/The Star-Ledger

In the recent Workers’ Compensation decision in Neglia v. Craft Carpentry & Drywall, a New Jersey Workers’ Compensation court held that a petitioner was not entitled to medical and temporary benefits where the Court determined that the petitioner purposely or knowingly made false or misleading statements in claiming compensation benefits. 

The Court decided the case pursuant to the Workers’ Compensation Fraud Act (N.J.S.A. 34:15-57.4). In this case, the petitioner originally received workers’ compensation benefits as a result of a workplace accident.  However, the petitioner subsequently received medical treatment for a preexisting knee injury that medical records showed the petitioner suffered prior to the current accident.  The petitioner argued that any misstatement was not made knowingly or purposely as she did not know the specific diagnosis for her prior knee injury.

In coming to its decision, the Court concluded that it did not matter that petitioner did not know the specific diagnosis.  When questioned by the company’s doctor, the petitioner did not reveal to that doctor that she had any kind of prior knee injury.  This statement was contradicted by medical records that indicated that petitioner did, in fact, have a prior knee injury.  Therefore, the petitioner was denied medical and temporary benefits, and was ordered to repay the costs of all treatments she had received to date.

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Last modified on Monday, 11 July 2016 18:29

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