Hamberger & Weiss LLP


Congratulations to our partner, Melanie Wojcik!

 On 4/13/23, a workers’ compensation claimant was arrested and charged with grand larceny in the Third Degree and Fraudulent Practices (in violation of WCL Section 114(1). Our partner, Melanie Wojcik, litigated this claimant’s workers’ compensation claim in 2021, which resulted in the Judge finding that the claimant violated Workers’ Compensation Law Section 114-a, and assessed both mandatory and discretionary penalties against him, resulting in an overpayment of over $32,000.


Surveillance showed the claimant attending an IME appointment using a cane, and walking very slowly.  His presentation at the IME appointment resulted in the consultant reporting the claimant totally disabled. However, later that same day, video was secured showing the claimant running errands, and throwing heavy bags of stove pellets into the back of a pick-up truck with no apparent disability.  Several days of video were secured, and Melanie was able to demonstrate that the claimant committed presentation fraud, resulting in the receipt of months of payments at the temporary total disability rate. 



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