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?
1 Answer from Attorneys
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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