The Supreme Court recently stated that a Freedom of Information Act request might not be used to trigger a False Claims Act lawsuit.
According to the Associated Press, the court recently agreed with arguments by Schindler Elevator Corp., which was seeking to get a lawsuit against it dismissed. (WCxKit)
Daniel Kirk, a former employee, sued on behalf of the government, arguing Schindler had not complied with the necessary reporting requirements involving the employment of Vietnam veterans.
A judge, however, recently out his lawsuit, claiming Kirk's information came from a FOIA request. The False Claims Act states that lawsuits may not be filed using publicly disclosed information. The judge stated FOIA reports were public information. (WCxKit)
The 2nd U.S. Circuit Court of Appeals overturned that decision; however, the high court argued it was correct.
The case is Schindler Elevator Corp. v United States, 10-188.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com.
Our WC Manual: http://corner.advisen.com/partners_wctoolkit_book.html
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR: http://www.LowerWC.com/transitional-duty-cost-calculator.php
SUBSCRIBE: Workers Comp Resource Center Newsletter
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.