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Beware of Purposely Making Misleading Statements

Purposely Making Misleading Statements

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.

Elizabeth, New Jersey Workers’ Compensation Lawyers

Our New Jersey lawyers give personal attention to all of our clients. If you or a loved one has been injured while working, call us today at 908-352-2323 or send us an email by clicking here to evaluate your case.

Our workers’ compensation lawyers serve clients throughout New Jersey and New York, including the cities of Newark, Elizabeth, Jersey City, Hackensack, and Morris, Bergen, Hudson, Union and Middlesex counties. We have offices in Elizabeth, New Jersey and New York City.



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