Correction Officer Convicted of Workers’ Comp Fraud
- Former New York City correction officer Jovanny Concepcion pleaded guilty in federal court to making false statements regarding healthcare matters.
- Concepcion admitted to faking injuries from on-duty incidents with inmates to secure workers’ compensation payouts.
- He fraudulently received $232,427 in cash benefits paid out from the city treasury.
- Under his plea agreement, he must pay full restitution and forfeit the total amount received.
Appellate Court Rejects Carrier Appeals in Covid-19 Workers’ Compensation Case
- The New York Appellate Division, Third Department, dismissed a workers’ compensation carrier’s appeals regarding lifetime and death benefits.
- An insurer attempted to contest claims filed by a deceased worker’s estate and dependents following a Covid-19 death.
- However, the court ruled the carrier waived its right to contest the awards due to procedural filing errors.
- The panel held that failing to submit specific supporting arguments on mandated appeal forms legally invalidates the challenges.
Court Rejects PEO Immunity Defense Over Unlisted Employee
- The New York Appellate Division, Third Department, ruled a Professional Employer Organization must provide workers’ compensation coverage for an unlisted worker.
- The court determined the PEO contract explicitly obligated the provider to secure and maintain required insurance for all worksite employees.
- Because the underlying insurance policy failed to incorporate a specific exclusion list, the unlisted claimant was legally covered.
- This decision establishes that broad contractual language will override internal corporate rosters if explicit exclusion clauses are absent.