work comp and pornography

Usually when an employee is caught committing work comp fraud, it is because someone caught them and there are pictures to prove it. I just read about an employee who, along with his co-worker, posted videos of themselves having sex.

His doctor was able to testify that the work comp claim had continued to advance based solely on the employee's claim of pain doing certain movements. He further testified that on the video the employee's movements should have caused enough pain so as to prevent the employee from being able to continue to 'perforrm.'

The employee and his co-worker both claimed the videos were made prior to the work injury, but the comments posted with the videos conflicted with their story.

They lost.


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