by Kenneth A. David, Esq.

In workers’ comp, there is a form for almost anything. Not surprisingly, the Board just recently added another form – this one to report fraud. You can download the Fraud Report here. Although the form certainly makes it easier to report fraud, it does not make it any easier to prove fraud. On page 4 of the form you will note there is a section entitled “What information has been developed to confirm your suspicion.” The Board is looking for witnesses, video and/or documents. Our experience is that with claimant fraud, to get the attention of the Board and to have a successful prosecution, it is usually best to go to a hearing in front of an ALJ and get an Award which at a minimum establishes elements of fraud. A judge’s Award definitely gets the attention of the Fraud Unit. However, it is certainly not required. Also, keep in mind that this form is not only to report claimant fraud. The Board is particularly aggressive in pursing employers with no coverage, as well as other alleged fraud involving employers, carriers and agents.