Congratulations to Jones Jones Associate Sarah Vulcano on the successful disqualification of a workers’ compensation claim on behalf of an insurance carrier client in front of the New York State Workers’ Compensation Board.
In this case, the claim was initially established for injuries to the low back, left shoulder, and right ankle for an accident occurring in January 2025. The claimant received weekly benefits paid at a temporary partial disability rate between January and September 2025.
Through a strategic investigation, including the introduction of corroborating audio evidence, Jones Jones demonstrated the claimant had returned to work in March 2025, while continuing to collect workers’ compensation benefits.
At a hearing in January 2026, the claimant admitted to performing work in March 2025, consistent with records found by the carrier. It was found that the claimant lied under oath during a previous hearing regarding work status, at which awards were made. The Judge ruled the claimant violated Workers’ Compensation Law Section 114-a and found no compensable lost time after March 1, 2025. The claimant was directed to repay the carrier a total sum of $9,620 for all benefits received after March 1, 2025, and is subject to lifetime disqualification of indemnity benefits.
By securing and providing audio recording and documented evidence confirming the claimant had performed work activities, Sarah Vulcano and her team were able to show the claimant made material misrepresentations in order to secure workers’ compensation benefits. Through these findings, Jones Jones saved the carrier future benefit payments, as well as a modification of prior awards based on a higher average weekly wage.
Congratulations to Vulcano and her team for their work on this case and the successful disqualification of the claim, saving the client future payment. If you are in need of assistance with a workers’ compensation case, please contact our team at concierge@jonesjonesllc.com.
