Lying on the Stand? Employer only has right to reimbursement.

Based on the claimant’s testimony at trial, Rutgers was ordered by a Comp Judge to provide a knee surgery to a claimant. Rutgers argued that a surveillance video they obtained showed that the claimant lied during his testimony – and that the Judge didn’t give the video enough weight (the Judge viewed the video after he had ruled that the surgery was necessary). The appellate Court upheld the Judge of comp – stating that even if Rutgers was right, that Rutgers would only be allowed to seek reimbursement for expenses associated with treatment obtained through fraud.

This decision hurts Rutgers. Unfortunately, Rutger’s counsel apparently waited until AFTER the trial was concluded – and the Judge rendered his decision – to bring up the videotape.

Case: Scott Del Vecchio v. Rutgers, A-2780-08T3 (App. Div., decided November 5, 2009).

Greg Lois is the managing partner of LOIS LLC, a 19-attorney law firm dedicated to defending employers and carriers in New York and New Jersey workers' compensation claims. Greg is the author of a popular series of "Handbooks" on workers' compensation, and is the co-author of the 2016 Lexis-Nexis New Jersey Workers' Compensation Practice Guide. Greg can be reached at 201-880-7213 or glois@lois-llc.com