Employer Must Continue Medical Benefits Despite Worker's Scam

In a case ruled on by the Appellate Division of the New York State Supreme Court in mid-December of ’02, the court upheld the decision of a Workers’ Compensation judge who ruled that, despite the fact that a worker had fraudulently collected compensation benefits for several months after resuming work, his employer was legally required to continue medical benefits for his work-related injury. The Court cited Section 114(a)(l) of the Workers’ Compensation Law, which states that workers making false statements to obtain compensation forfeit their right to receive compensation. However, the word “compensation” refers only to wage replacement benefits in this particular Section: Medical benefits are not included in the forfeiture provisions.

For further explanation, refer to the Claim of Rodriguez v. Burn-Brite Metals Co., No. 92044 (N.Y. App. Div. 12/19/02).