Attorney won a case where subterfuge resulted in a suspension of the claimant's benefits

Attorney won a case where subterfuge resulted in a suspension of the claimant's benefits. Claimant sustained a work injury to her upper extremities while cleaning animal cages for the employer. The claim was ultimately accepted and benefits paid. Clandestine surveillance efforts seemed to indicate that claimant was working with an alternate employer. A Suspension Petition was filed. During the litigation, the claimant failed to cooperate with supplying wages from her alternate employment. The alleged alternate employer also failed to comply with efforts to procure the wage information. The Judge accepted the attorney's argument that benefits must be suspended due to claimant's failure to cooperate with efforts to reveal her alternate earnings. The Judge also awarded a credit against any overpayment that may have accrued based on claimant's alternate earnings. This is a radical departure from the old standard which required proof of earnings even if the claimant was being uncooperative. This case should ease the burden on employers who are dealing with those claimant's who cleverly try to hide alternate earnings. The carrier is relieved of paying any benefits on an ongoing basis based on claimant's illegal subterfuge. The case will move to the carrier's fraud unit and the attorney will be working with the District Attorney's Office to perhaps prosecute the claimant for fraud.