Police Officer’s Firing Upheld upon Credible Finding of Workers’ Compensation Fraud

In California, both public and private employees injured on the job are entitled to workers’ compensation insurance coverage. This coverage is designed to pay all or part of their wages while they are recovering from work-related injuries. However, to receive these benefits, employees must adhere to specific rules and guidelines, including attending medical appointments and maintaining medical records that demonstrate their inability to perform their job duties fully. To ensure compliance with these requirements, employers often contract third-party investigators to verify that the employee’s activities are consistent with their alleged injuries. This is a standard practice to prevent workers’ compensation fraud. Recently, the California Court of Appeal ruled on a case involving a police officer who sued his employer for unlawful termination after he reported a disability. The employer, however, argued that the officer was committing workers’ compensation fraud.

The Facts of the Case

According to the facts discussed in the recently released appellate opinion, the officer in question was a new hire and a contract employee when he sustained an injury during his probationary period. The injury occurred on the job, and he was referred for medical services and given a work excusal until he recovered. His medical directive included restrictions such as not lifting more than five pounds or engaging in any heavy activity. To monitor compliance, the employer hired an investigation firm, which later observed the officer participating in a basketball league, running, jumping, and walking without crutches while away from his medical appointments.
When the officer attempted to return to work with modified duties, he was terminated by his employer. He then filed a lawsuit against the city, arguing that he was fired for requesting workers’ compensation coverage or in retaliation for his injury. The city maintained that the officer was committing workers’ compensation fraud and that they were within their rights to terminate his employment.

The Appeal

The court ruled in favor of the city, affirming that employers have the right to fire employees if there is substantial evidence of workers’ compensation fraud. The court noted that the employer had sufficient grounds to believe that the officer was not adhering to his medical restrictions and was dishonest in his workers’ compensation claims. This ruling underscores the importance of maintaining the integrity of the workers’ compensation system and the legal standards employers must meet to lawfully terminate an injured or disabled employee.
While injured employees are entitled to workers’ compensation benefits, it is crucial to abide by the laws and rules governing these benefits. Employees must ensure they follow all medical directives and avoid engaging in activities that contradict their reported injuries. Failing to do so can lead to losing benefits and, in some cases, prosecution and jail time. To navigate the complexities of workers’ compensation claims and avoid inadvertently committing fraud, employees should seek the counsel of qualified California workers’ compensation and employment law attorneys. Consulting with an experienced attorney can ensure that employees receive their rightful benefits while complying with the law.

Seeking Legal Guidance for a Workers’ Compensation Claim

For California employees with questions about a workers’ compensation claim or other employment issues, reaching out to the Hardin Law Group can be a crucial step. The experienced attorneys at Hardin Law Group are dedicated to advising and representing clients diligently, ensuring the best course of action for each unique case. Don’t risk losing your benefits or facing legal troubles—pursue your workers’ compensation claim with competent legal advice from Hardin Law Group. By consulting with the Hardin Law Group, employees can navigate their claims confidently, knowing they have expert legal support to guide them through the process. Protect your rights and secure the benefits you deserve with the help of skilled attorneys who specialize in California employment and workers’ compensation law. Call us at (949) 337-4810 or use our online form to schedule a free consultation today.