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Court Upholds Forfeiture of Benefits for Misrepresentation

Thursday, July 11, 2019 | 217 | 0 | 2 min read

A New York appellate court ruled that a firefighter who misrepresented his capabilities forfeited his entitlement to workers’ compensation benefits. Case: Matter of Swiech v. City of Lackawanna, No. 527159, 07/03/2019, published. Facts: David Swiech worked for the City of Lackawanna as a firefighter. He suffered an injury to his neck at work in 2000 and again in 2007. In 2008, Swiech had a cervical fusion and retired, and he had lumbar surgery in 2010. Swiech underwent a functional capacity evaluation in 2016. The evaluator reported that Swiech was unable to "lift or c...

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