A previously injured forklift driver had his long-term disability benefits terminated after he was spotted carrying suitcases full of Jehovah’s Witness pamphlets on a street corner in November.

A story about the case was the sixth most viewed workers comp item on Business Insurance’s website in 2019

In September 2001, Steven Jones sustained an injury and was unable to continue his work driving forklifts and lifting heavy loads. He received 500 weeks of partial disability. In 2015, his employer petitioned to terminated his benefits on the basis of a changed condition, but that request was denied when Mr. Jones presented evidence that he could not lift over 10 to 15 pounds, could not repetitively use his arms and was incapable of overhead work or work that involved constant turning of his neck, according to documents in Jones v. Workers Compensation Appeals Board, filed Nov. 25 in The Pennsylvania Commonwealth Court in name of town where court is located.

In 2018, the employer filed another petition for termination, which included surveillance showing Mr. Jones, a Jehovah’s Witness, pulling a large suitcase containing religious materials and lifting and setting up a pamphlets display. He was also observed carrying recycling and trash cans to his neighbor’s porch and side yard and lifting a recycling bin over his head with one arm. The board granted the petition and Mr. Jones appealed.

A three-judge panel of the court in November affirmed the Pennsylvania Workers Compensation Appeals Board’s decision to cut off the former maintenance custodian’s benefits when it found that his condition had changed.

The court dismissed Mr. Jones’ argument that the board erred in dismissing his physician’s testimony that there had been no change in his condition and affirmed the board’s findings that Mr. Jones’ subjective complaints of pain were no longer credible.

The court also found the surveillance showing Mr. Jones lifting and carrying books and bags while performing religious duties supported the judge and the board’s decision that he had fully recovered from his injuries.