A Rite Aid pharmacy employee who was physically injured on the job in 2017 and later added a second workers compensation claim for “work-related major depressive disorder stemming from harassment and discrimination in the workplace” violated state law when he continued to work and take family trips, a New York appeals court ruled Thursday.
In affirming an earlier court decision by the state Workers’ Compensation Board, which initially denied his mental injury claim, the Appellate Division of the Supreme Court of the State of New York, Third Department, said the man was disqualified from receiving further indemnity payments due to making false statements, according to 2025 NY Slip Op 06230.
The same appellate division in 2020 granted benefits for the man’s psychological conditions, reversing the board’s earlier determination on compensability.
A review of tax records from 2018 to 2020 showed that the man was involved in two enterprises. He went into business with his wife, who opened an ice cream shop, and was named a co-owner of a company along with his brother, according to the ruling.
The ruling also stated that “nothing in the record indicates that claimant disclosed his entrepreneurial endeavors to his medical providers.”
The court wrote that “despite the fact that claimant reported during his psychiatric evaluations that he was socially withdrawn and reluctant to leave his home, this is contradicted by an investigation into claimant’s social media posts, which reflect that claimant engaged in numerous trips, including to Pakistan and Florida, and participated in various activities with family and friends — including at renowned theme parks.”