A New Jersey appeals court on Wednesday reversed a $2.6 million damages judgment and a $107,858 sanction in a workers’ compensation fraud case, finding the trial judge wrongly characterized as spoliation the defendant’s delay in providing evidence.
In the Somerset County suit, Liberty Mutual Ins. Co. claimed that Viking Industrial Security Co. underreported its payroll total to reduce its workers’ comp insurance premium; failed to pay $253,000 in premiums; and refused to permit an audit.
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