Petition to Reopen

The Industrial Claims Appeals Office affirmed the Administrative Law Judge’s (“ALJ”) order to reopen a prior order based on the claimant’s false statements during the initial hearing which resulted in a finding of compensability.

Here, claimant purportedly suffered a neck injury while mopping at work. While she reported suffering an injury in a car accident a few years earlier, she claimed her symptoms stemming from it had completely resolved. The ALJ issued a Summary Order determining claimant suffered a compensable injury and ordered the employer liable for medical benefits.  A subsequent ALJ held a second hearing, finding the claimant was entitled to temporary disability.

However, respondents located additional records which indicated claimant had provided false testimony at the initial hearing about her previous medical history.

Upon learning this information, the employer sought to reopen the initial ALJ’s order finding the claim compensable. The ALJ granted the petition to reopen and vacated his earlier order because claimant’s claim was found compensable based on claimant’s false statements.  The ALJ held that employer was not liable for the benefits. The Panel affirmed the ALJ’s findings and remanded for findings as to the amount of the overpayment due the Respondents.

 

From the September 2017 Pollart Miller Newsletter

2019-01-29T10:31:49-07:00