Horwitz attorney Mark Weissburg successfully defends client against false accusation of fraud
In another victory for workers’ rights, Horwitz partner Mark Weissburg has successfully defended an injured worker from accusations that he had committed fraud. His employer, ABF Freight, alleged that by attempting to return to work while collecting Workers’ Compensation benefits, the worker was somehow committing fraud. The arbitrator rejected this accusation, noting that “a claimant’s earning of occasional wages does not preclude a payment of [Workers’ Compensation temporary total disability benefits].” Because the few days of work “did not establish a stable labor market and because Petitioner continued to have restrictions from his doctor, his entitlement to temporary total disability for that period was not interrupted . . .”. The arbitrator further found that ABF Freight “failed to show any statement by Petitioner that was both intentional and fraudulent,” and therefore rejected the fraud claim.
In the same decision the arbitrator agreed with Weissburg’s argument that to be certified under the act a vocational expert needed to be a Certified Rehabilitation Counselor. As a result, the opinions from ABF Freight’s expert, a Certified Case Manager, were not admitted into evidence and not considered.
The case is Fretts v. ABF Freight Systems, Inc., 09 WC 16718 (11/8/2012).
Horwitz, Horwitz & Associates continues to fight for its clients by arguing existing law and making new law beneficial to injured workers throughout the state of Illinois. If you want to be represented by the people who are willing to fight for your rights, call us today at 800-594-7433 or visit our website.