» SURVEILLANCE MAY BE THE KEY TO DEFENDING AGAINST PTD CLAIMS

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SURVEILLANCE MAY BE THE KEY TO DEFENDING AGAINST PTD CLAIMS

Permanent Total Disability claims can cost Employers hundreds of thousands of dollars.  However, creative defenses including the use of surveillance can minimize and or eliminate these claims.

Recently Thomas and Company attorneys utilized surveillance to defend against a fraudulent workers’ compensation claimant.

In this case,  the claimant filed a Permanent and Total Disability Application against the Employer, alleging that he could no longer perform sustained remunerative employment as a result of his work injury.  If PTD benefits were granted, the Employer faced potential exposure in excess of $700,000.  Once the application was filed, we engaged a comprehensive defense strategy which initially included surveillance monitoring of the claimant’s activities and an extensive search of medical records.  The surveillance revealed that although the claimant was alleging that he could no longer work, he  was actively working for another employer.  Relevant medical records were also discovered that had not previously been disclosed. Based on the surveillance evidence, we began a coordinated effort with the BWC Fraud Division to subpoena bank account records and to subpoena witnesses who could further prove that the claimant was actively working.  We also consulted with medical and vocational specialists and obtained sworn statements from these experts which are often more effective and persuasive than written reports.  Ultimately, our efforts led to the dismissal of the PTD application, saving the Employer hundreds of thousands of dollars.

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