ICORP was asked to investigate the claim of a man who said he was changing bed linens when he tore a ligament in his left elbow. The man claimed he had not returned to work and has had surgery to repair the left elbow tendon tear on March 30, 2016. The investigator learned that the claimant was previously employed with a construction company and the injury may have occurred there. A recent IME appointment found the claimant 100% disabled.
A surveillance investigation of the claimant revealed the claimant is currently employed with a local pizzeria and is employed as a delivery driver. The claimant was documented as he entered, operated, and exited his registered vehicle, shoveled snow utilizing his left arm, and as he carried large pizza boxes and plastic bags utilizing both arms. The claimant was not observed utilizing any medical supportive devices on his left elbow.
The case went to trial and ICORP’s investigator testified to what he recorded and observed. Due to the incriminating video of the claimant freely performing activities with his left arm, the case was closed with no compensation payment and the claimant did not pursue his claim further.