An employee on workers’ comp said his duties were limited because of a back injury. However, a video showed otherwise.
While lifting boxes at work, a man suffered a back injury which required surgery. During his recovery, he was unable to work and received workers’ comp benefits.
The employee said that pain in his leg, which was a result of the back injury, forced him to walk with a limp and limited his activities. He claimed he could only “lift a little.”
But he was caught on tape picking up and swinging his grandchildren.
In addition, when the insurance carrier’s doctor saw him, he walked with a severe limp. But when the doctor watched him walk out to the parking lot, the limp had noticeably improved.
Benefits cut off — permanently
The Workers’ Compensation Board in New York State ruled to cut off his benefits. It also ruled to disqualify him from receiving any workers’ comp in the future.
The worker appealed the decision in a state court, but the decision was upheld.
Did the worker get what he deserved, or was the court’s ruling too harsh?
Cite: Church v. Arrow Electric (PDF)