New Ruling on Misrepresentation in Washington
In re: Jan Baldwin, Dckt. No. 11 18630 (Feb. 11, 2013)
The Board of Industrial Insurance Appeals in In re: Jan Baldwin, ruled that when a claimant presents an unreliable picture of his limitations which convinces his physician to advise him to cease work activity, claimant cannot then rely on his physician’s advice to not work and thereafter receive time loss benefits under the claim. If the medical and investigative evidence in your file shows claimant is exaggerating symptoms to convince the attending physician to authorize time loss, this new tentative Significant Decision of the Board may apply to the claim. Contact any of our Washington practice attorneys to discuss the specifics of your claim and whether this new Board decision can be successfully applied to the claim.