Caroline Gentilcore and John Morgan Win Total Denial of Claim Based on Fraud and Intentionally Inflicted Injury

TT&H attorneys Caroline Gentilcore and John Morgan recently persuaded a Greater Philadelphia Area Workers’ Compensation Judge to deny a Claim Petition in its entirety based on fraud and the intentionally inflicted injury defense.  In an unwitnessed incident, the claimant allegedly fractured his foot while using a skid loader. In his recorded statement, the claimant told the adjuster that his foot got caught in the hydraulics as he was getting out of the machine.

During his testimony, he claimed he was sitting inside the machine and the fork came down on his foot. During the IME, the claimant reported that he was standing next to the machine when the shovel came down and crushed his foot. Caroline retained an expert in background checks to show that the claimant was proceeding under a false name and a fake Social Security number. Caroline also presented a mechanical engineering expert, who testified that the skid loader safety features were in working order and therefore the only feasible way the claimant could have injured himself was through an intentional act.

The WCJ completely rejected the claimant’s testimony and evidence, finding not only that any injury was intentionally self-inflicted, but also that the claimant had fraudulently filed the claim using a false name, and largely adopted the reasoning argued in the brief prepared by John Morgan.

Questions about this matter can be directed to Caroline Gentilcore at 267-861-7596 or cgentilcore@tthlaw.com or John Morgan at 267-861-7580 or jmorgan@tthlaw.com.