The Appellate Division of the Supreme Court of New York has affirmed a judgment issued by the Workers Compensation Board (Board) that a New York man claiming to be 100 percent disabled have his benefits revoked and be permanently disqualif[ied]…from receiving wage replacement benefits." The case is Arena v. Upstate Niagara Coop., 2022 N.Y. App. Div. LEXIS 4995 (N.Y. App. Div. 2022).

Michael Arena suffered a work-related back injury in January 2020, which was confirmed by an MRI the next month. His initial treatment plan relied on medication and physical therapy, but his pain worsened, and he received two "lumbar interlaminar epidurals." From April to August, Arena was 100 percent disabled.

His employer, Upstate Niagara Cooperative Inc. (Upstate Niagara), suspected Arena was fudging the details of his injuries and hired an insurance investigator. Video surveillance revealed Arena participating in activities that did not square up with Arena's alleged total disability. He was seen digging in his garden, engaging in outdoor activities that required bending and kneeling at angles up to 90 degrees, and carrying a large case of beer in each hand, among other activities. Upstate Niagara brought the videos to the attention of a workers compensation judge and said Arena had made material misrepresentations to obtain better benefits in violation of state law. Though some of the activities were consistent with what medical professionals said Arena could do, many of them were well outside the balance of "good days and bad days" that could have been expected for Arena's recovery.