 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hayes v. Industrial Enterprises9/28/2001
plaintiff complained of pain in his left or right leg and hip. Were we to assume that the prior complaints were of left hip and leg pain, as opposed to right hip and leg pain, the fact remains that plaintiff failed to acknowledge any prior pain in either leg or hip. Also, defendant's records of plaintiff's time and attendance support the fact that plaintiff was treated for an injury in late March and early April because the time records reflect that plaintiff missed numerous days of work without explanation between March 29 and June 9, including the entire work-week beginning March 29.
Finally, we note that plaintiff's false statements, misrepresentations and denials were not inconsequential or inadvertent. The false statements and denials were about injuries and complaints that were exactly like the injuries he alleged occurred in the June 9 accident.
Thus, based on the record as a whole, we find a reasonable factual basis exists to support the workers' compensation judge's conclusions that plaintiff made false statements, that such statements were made willfully, and were made for the purpose of obtaining compensation benefits. As such, we cannot say the workers' compensation judge's dismissal of plaintiff's claim based on a forfeiture of benefits under Section 1208 is clearly wrong. Because we find that the dismissal of plaintiff's claim pursuant to Section 1208 was proper, plaintiff's second assignment of error is moot.
CONCLUSION
For the reasons set forth in this opinion, the judgment of the workers' compensation judge is affirmed. Costs of this appeal are assessed to plaintiff.
AFFIRMED.
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|