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Tuesday, April 22, 2014

NATALIE BELLINO VS. VERIZON WIRELESS A-1132-12T4


NATALIE BELLINO VS. VERIZON WIRELESS
          A-1132-12T4
In this case we consider the essential elements required by the Workers' Compensation Act's anti-fraud provision, N.J.S.A. 34:15-57.4, to negate a claimant's eligibility for benefits under the Act. In particular, we address the state of mind that a respondent must prove to disqualify a claimant who has made misstatements about his or her medical history when applying for benefits. We uphold the workers' compensation judge's decision finding respondent did not prove the necessary elements under the anti-fraud provision as it did not prove that claimant had the intent to make false statements for the purpose of obtaining benefits. 3/19/14