West Virginia Record

Sunday, September 22, 2019

Pepsi says former employee defrauded company of disability benefits

By Kyla Asbury | Mar 17, 2017

WEBSTER SPRINGS – Pepsi-Cola Metropolitan Bottling Co. Inc. is suing a former employee it claims fraudulently obtained nearly $20,000 in disability benefits.

Michael Lynn Jackson alleged he was injured during the scope of his employment on Oct. 9, 2016, according to a complaint filed March 1 in Webster Circuit Court.

Pepsi claims Jackson filed a workers’ compensation claim against Pepsi and falsely claimed that his injury was so severe that he was unable to work.

The defendant feigned serious symptoms that limited his physical abilities, convincing not only his treating physician, but also Pepsi and Pepsi’s third party administrator that he was temporarily and totally disabled, according to the suit.

Pepsi claims the defendant received various benefits through his workers’ compensation claim in excess of $16,000.

At no time was the defendant truly temporarily and totally disabled and he continued to work his second job with Arby’s Restaurant without any restrictions or limitations on his activities.

Pepsi claims the defendant never disclosed to his treating physicians, Sedgewick or the plaintiff that he was in fact able to work and had continued to work without restrictions for Arby’s.

Jackson knew or should have known that Pepsi was relying upon the defendant’s representations concerning his alleged injury and symptomology as conveyed by him to his treating physician and Sedgewick in determining whether or not to certify the claim and also award benefits, according to the suit.

Pepsi claims the defendant was successful in his fraudulent endeavors and received in an amount in excess of $16,000.

The defendant willfully, by means of a false statement and/or representation and/or by concealment of a material fact and/or by other fraudulent scheme, device or artifice obtained at the time of the filing of this complaint at least $16,136.71 in benefits, payments and allowances to which he was not entitled, according to the suit.

Pepsi is seeking judgment in the amount of $64,546.84 and punitive damages. He is being represented by Bradley K. Shafer of Swartz Campbell.

Webster Circuit Court case number: 17-C-6

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