Permanent Total Disability claims can cost Employers hundreds of thousands of dollars.\u00a0 However, creative defenses including the use of surveillance can minimize and or eliminate these claims.<\/p>\n
Recently\u00a0Thomas and Company\u00a0attorneys utilized surveillance to defend against a fraudulent workers’ compensation claimant.<\/p>\n
In this case,\u00a0\u00a0the 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.\u00a0 If PTD benefits were granted,\u00a0the Employer\u00a0faced potential exposure in excess of $700,000.\u00a0 Once the application was filed, we engaged a comprehensive defense strategy which initially included surveillance monitoring of the claimant\u2019s activities and an extensive search of medical records. \u00a0The surveillance revealed that although the claimant was alleging that he could no longer work, he \u00a0was actively working for another employer.\u00a0 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.\u00a0 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.\u00a0 Ultimately, our efforts led to the dismissal of the PTD application, saving the Employer hundreds of thousands of dollars.<\/p>\n","protected":false},"excerpt":{"rendered":"
Permanent Total Disability claims can cost Employers hundreds of thousands of dollars.\u00a0 However, creative defenses including the use of surveillance can minimize and or eliminate these claims. Recently\u00a0Thomas and Company\u00a0attorneys utilized surveillance to defend against a fraudulent workers’ compensation claimant. … Read More<\/a><\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-216","post","type-post","status-publish","format-standard","hentry","category-workers-compensation-administrative-hearings"],"_links":{"self":[{"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=\/wp\/v2\/posts\/216","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=216"}],"version-history":[{"count":7,"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=\/wp\/v2\/posts\/216\/revisions"}],"predecessor-version":[{"id":516,"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=\/wp\/v2\/posts\/216\/revisions\/516"}],"wp:attachment":[{"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=216"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thomaslawlpa.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}