Worker Forfeits Entitlement to Benefits by Exaggerating Symptoms

A New York appellate court upheld the forfeiture of a worker’s entitlement to benefits due to the embellishment of his condition and functional abilities at his permanency evaluation. Brian Giesselmann suffered injuries to his right shoulder in 2016 while working for Rotterdam Steel LLC. He established a workers’ compensation claim for his injury. In March 2022, Giesselmann’s treating physician opined that he had reached maximum medical improvement and that he had sustained a 70% schedule loss of use of the right arm. The doctor said his opinion was based on Giesselma...