Appeals court rules assaulted nurse did not commit comp fraud

An appeals court in New York ruled that a nurse who was assaulted and suffered headaches did not commit workers compensation fraud after surveillance video provided by her employer showed her doing things such as driving, shopping and picking up items on her lawn.

According to in Matter of Harmon v. Faxton Sunset St. Luke’s Health Care Ctr. Inc., filed in New York Supreme Court’s Appellate Division, Third Judicial Department, Ewelina Harmon was working as a registered nurse when her nose was broken from being punched in the face by a patient. She also suffered a concussion. The incident led to a compensable workers compensation claim in which Ms. Harmon told doctors she was not always able to perform some regular activities, such as walking and driving, and needed to wear sunglasses because of headaches.

Video surveillance showed her outside of her home not wearing sunglasses, walking around in stores and squatting and bending in her yard. In proceedings related to her employer alleging workers comp fraud, the state Workers’ Compensation Board found that there was insufficient evidence to rise to a level of fraud.

“The Board credited claimant’s testimony that her symptoms waxed and waned, and that on good days she attempted to do as much as she could — which is consistent with her treating providers’ medical advice to slowly increase her physical activities and pace herself,” says the Thursday court ruling. The Board also noted that on some days she was without eye protection because it was cloudy outside.

The appeals court affirmed, also writing that there was not enough evidence to prove workers comp fraud.