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On Yellowstone Ranch and WC Fraud

Happy Monday, dear readers!

Your humble blogger trusts you are soaking in the summer sun, enjoying the fresh air and relaxing atmosphere that pervades when we are not all cooped up inside during the cold weather.

But, when you aren’t outside enjoying the sun, what’s good to watch on TV?  Your humble blogger’s current favorite show is Yellowstone, where Kevin Costner holds on to a family ranch against all sorts of adversaries, reminiscing of simpler times when he would dance with wolves, bring America back from an apocalyptic hellscape by delivering mail, or adapt the plot of Mad Max to an aquarium.

So, having found a show I really, really like, I was hurt to find out that one of the actresses on the show, who plays a lawyer of all people, has been charged with workers’ compensation fraud!

Now, your humble blogger doesn’t like to name names, but if you’re really curious about who has been charged, feel free to follow this link.  The actress is charged with felony workers’ compensation fraud and the allegations are that she received almost over $95,000 in temporary disability benefits, but also worked on the set of Yellowstone for four episodes.

Of course, the actress denies that she did anything wrong and has retained counsel, and, as it should be – the burden remains squarely upon the prosecution to prove its case beyond a reasonable doubt, and, until then, she is presumed not guilty.  That being said, there are some parallels we see in situations similar to this without the glamour of Hollywood as a backdrop.

How often, dear readers, have you read a deposition transcript wherein a construction worker will claim to be temporarily disabled until he finds work, and the moment a project is finished he goes back to TTD claims until the next project comes along?  How often, dear readers, have employers been unwittingly dragged into contribution proceedings because their new hire was actually on TTD for a prior employer, and then that prior employer claimed that the post-injury work has aggravated the condition?

Some workers use TTD benefits as stopgaps for being out of work – not for periods of medical recovery as intended, but for periods where work is unavailable.  The consequences are dire for employers of course – added litigation, aggravated injuries, contribution proceedings.

Your humble blogger certainly hopes the truth will come to light in this Yellowstone case and justice will be done, but this case, particularly with its prominence due to the greater context of a popular TV show, should remind us all to be extra vigilant when TD seems to be going on for a little bit too long.

Now, if my beloved readers will excuse your humble blogger, I’m going to go get fitted for a litigation-appropriate cowboy hat and get ready to catch the 6666 spinoff when it finally comes out.

Until next time, dear readers!

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