Certain terms that can be found in medical reports carry significant meaning. If you see the term “malingerer” applied to you, this could be a significant problem for your workers’ compensation claim.
In a work injury claim setting a malingerer may be defined as one who fabricates or exaggerates the symptoms of physical or mental disorders for the purpose of avoiding work, obtaining drugs, remaining on weekly benefits, or increasing settlement value 1. In other words, a malingerer is someone who claims that he/she cannot return to work despite the absence of medical evidence of a continuing disability.
Unfortunately in the adversarial world of workers’ compensation within the state of Georgia, accusations of malingering are tossed about with little to back up these claims. However, if the judge in your case starts to accept this accusation it can leave you exposed to unfavorable rulings regarding termination of benefits, changes in treating physicians and disability ratings. [Read more…] about What is a Malingerer?