Comments on: He got workers’ comp, but worked for wife’s business: Fraud?

By: GOTCHA!

GOTCHA! — Wed, 27 Jun 2012 16:00:45 +0000

Sometimes “legalese” gets in the way of the spirit of the law. Workers compensation is granted in cases where a worker gets injured and may require time to recuperate. Granted, this particular worker may not have intended to jeapordize his disability compensation or commit fraud. We also do not know the extent or physical requirements of the work that he performed for his wife. It could have been something that did not affect his recovery and may have actually had a theraputic value – we don’t know. I think that the courts got this one as right as they could. I also think that the HR department of companies involved in such matters should take a very close hands-on approach and specifically spell out in writing to the injured exactly what is and is not permitted during their “healing time”, after consulting of course with the recommendation of the treating physician. Companies need to be up front with their employees and expect the same in return.

By: Jeff

Jeff — Tue, 26 Jun 2012 13:41:38 +0000

One thing the article does not explain is what physical limitations if any was the employee on and was he working outside of those restrictions while working for his wife?
I had an employee in the past who would take FMLA leave (using his paid sick leave) to “take care of his disabled wife” while he would run his other business at local county fairs, etc. It was interesting to see that he rarely ever took FMLA leave other than times that he could run his other business. Unfortunately the laws how they are written and liberal judges do little to curtail these types of unethical behaviors.

By: Jason B

Jason B — Mon, 25 Jun 2012 14:01:32 +0000

Were the duties at the family business within his restrictions?

It may be unpaid work but the business is still seeing benefits from the situation. Instead of hiring to fill a position, they are using an “unpaid” spouse to do the work. Smells like fraud to me.