1 Claimant further testified, at a hearing conducted in September 2002, that he owned a fuel oil transport company, although he denied performing any work for that company following his May 2001 accident and could not recall when such company was dissolved. At a hearing conducted in August 2002, claimant "amended" his prior testimony, now conceding that he had worked as an operator of a concrete truck mixer for Casa Concrete for two days in the spring of 2002. Clarifying the phrase "in any capacity," counsel for the employer and the workers' compensation carrier asked claimant whether he had worked "for wages on the books, off the books, volunteer work, anything like that or anything that can be construed as work," and claimant again responded, "No." The Workers' Compensation Law Judge (hereinafter WCLJ) further amplified such questioning, asking claimant whether, since the accident, he "imply stayed at home," to which claimant responded, "Yes." At the conclusion of that hearing, accident, notice and causal relationship were established and an average weekly wage was set.īased upon information subsequently developed by the carrier, including a video surveillance conducted of claimant, the carrier suspended payment of claimant's award and sought rescission thereof upon the ground that claimant falsely testified at the prior hearing regarding his work activities and otherwise exaggerated his injuries. At the initial hearing conducted in this matter in April 2002, claimant was asked whether he had returned to work "in any capacity" since the underlying accident, and claimant responded in the negative. Claimant suffered a work-related accident in May 2001 when he was thrown from the vehicle he was operating and injured, among other things, his head, neck and lower back.
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