Jones Jones LLC is proud to share that Associate Kevin Moy and his team led a successful construction workers’ compensation appeal before the New York State Workers’ Compensation Board (NYSWCB). Moy’s win comes at a time of contention when there are concerns throughout the construction industry regarding workers’ compensation fraud.
Last summer, a Workers Compensation Law Judge ruled in favor of a claimant who claimed to have headaches and injuries to her neck, back and shoulders after a fall while working at a construction site. However, the construction company and insurance carrier had no records of the employee on site and denied any relationship with her. Moy and his team sought to appeal the finding that the claimant was a company employee and have the case disallowed.
The team produced lay witnesses to testify that the construction company had no records of the employee. They corroborated their position with documented evidence such as payroll records, sign-in sheets and work logs that did not include the claimant or the individuals noted in the testimony. The New York State Workers’ Compensation Board (NYSWCB) ultimately reversed the decision and disallowed the claim.
This win is significant given the current concern about workers’ compensation fraud in the construction industry. Many undocumented claimants will use the fact that they are undocumented as an excuse or explanation for why they cannot provide evidence of employment with the organization from which they are pursuing payment. Unfortunately, many judges accept this excuse although by law, it is the claimant’s burden to prove their case. In winning this appeal the team has highlighted that the NYSWCB is increasingly aware of such fraudulent actions by claimants and the lack of logic from trial Judges.
Please join us in congratulating Kevin Moy and his entire team on securing this appeal and a win in the fight against workers’ compensation fraud in construction. If you are in need of assistance with a workers’ compensation case, please contact our appellate team at clientservices@jonesjonesllc.com.