CompFox AI Summary
This case involves a defendant's petition for reconsideration of a workers' compensation award, arguing the applicant committed fraud and is thus barred from benefits. The Board denied the petition, agreeing with the WCJ's finding that the applicant sustained an industrial injury to his right shoulder. While acknowledging a prior fraud conviction, the Board held, citing Tensfeldt, that this conviction does not automatically bar all future benefits but only those directly procured by fraud. The Board also denied disqualification of the WCJ as the petition was untimely filed.
Full Decision Text1 Pages
This case involves a defendant's petition for reconsideration of a workers' compensation award, arguing the applicant committed fraud and is thus barred from benefits. The Board denied the petition, agreeing with the WCJ's finding that the applicant sustained an industrial injury to his right shoulder. While acknowledging a prior fraud conviction, the Board held, citing Tensfeldt, that this conviction does not automatically bar all future benefits but only those directly procured by fraud. The Board also denied disqualification of the WCJ as the petition was untimely filed.
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