Legal Question in Workers Comp in New York

i have been on comp for two years i have two herneated disc in my back. i didnt surgery so i went for a settelment. well the carrier video taped me carring clothes and empty boxes to and from my car. my dr. had me at 100% disabled but comp did not, question is can they reduce or suspend my comp? and why?


Asked on 7/02/11, 8:00 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

The carrier may raise insurance fraud 114a and use the video tape to show that you were doing activities incongruent w/ your level of disability. Be careful a judge could find that you committed fraud. If this happens you could be referred to the da's office and prosecuted. If the carrier raises fruad you should get a criminal attorney. The carrier could also use this video tape to obtain a favorable settlement. In either case, the video will hurt your case.

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Answered on 7/02/11, 7:38 pm


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