Court Rules Drunk Driving Claim Isn’t Fraud Without a Direct Lie
- A worker sitting in his car got hit by another car while sitting on the shoulder after a minor fender bender.
- Even though his blood alcohol was .18, the court previously ruled that being drunk wasn’t the “sole cause” of the crash.
- The employer argued the worker committed fraud by hiding his drinking.
- The court shot that down because the worker never actually denied having a few drinks.
Court Affirms Occupational Disease and Penalty Against Carrier
- A brick mason was awarded workers’ compensation for hand and knee injuries caused by twenty-five years of repetitive labor.
- While an appeal was pending, the insurance carrier unilaterally subpoenaed the claimant’s doctor for a third deposition without Board approval.
- The court upheld the occupational disease claim based on competent medical evidence.
- It also affirmed a $500 penalty against the carrier for initiating a frivolous proceeding.
Court Rejects Preclusion of Medical Exam for Correction Officer
- A New York court said the Workers’ Compensation Board was right to allow the insurer’s IME report in a correction officer’s injury case.
- The worker argued the report should be thrown out because the State Insurance Fund didn’t file one of the required IME forms.
- The court found the carrier still met the notice rules.
- The insurer’s lower SLU ratings will stay in the case.