Adultery website Ashley Madison dismisses ‘frivolous’ lawsuit by ex-employee

A dating website for married people seeking affairs is dismissing a $20-million lawsuit as nothing but a “frivolous” claim by an “opportunistic” ex-employee.

Ashley Madison has issued a statement condemning the suit filed by Doriana Silva, who alleges she permanently damaged her wrists while typing up fake profiles of women for the site.

In the statement, the company says Silva is exaggerating her injuries in order to support demands for compensation that the company said escalated over time.

The company says it will not give in to what it termed “extortion.” It alleges Silva threatened to go to the press if her demands weren’t met.

“There was never any threat of doing anything other than starting a lawsuit, which one is lawfully entitled to do,” he said in an email.

Silva said in her claim that she was asked to create 1,000 phoney profiles to lure men into signing up.

Something doesn't jive with this. Unles Miss Silva was an independent contractor working for Ashley Madison, her work typing these so-called fake profiles (and it is irrelevant whether they are fake or not) was under their direction and their employment, had to be covered under Canadian law, just like US law, by workers' compensation insurance for ANY work related injury or illness. Even if she were an independent contractor, she would have to provide the employer with proof she had her own WC coverage, or they would have to add her to their policy for the work time she provided them.

All workers' Compensation Policies are the sole remedy for an injured worker. The worker may not sue unless the employer can be shown to not carry such coverage and/or actively prevent the employee from making a claim. Ashley Madison, according to the article, WAS covered, and had her examined by doctors who recommended treatment. Independent examiners found NO INJURY. She was offended that they (AM) looked at her Facebook page to find her using her hands doing things incompatible with her injuries. . . but is was the WC insurance company investigators, not Ashley Madison that did the background checks on Miss Silva and found she was using her "injured" wrists in riding Jetskis and other sports while claiming debilitating wrist problems. My girlfriend is a Nurse Case Manager for Workers' Compensation and tells me this is not unusual in questionable cases like this one. I'll bet the insurance company has video on her using her hands for normal recreation things. . . they make DAMN sure when they make such a flat benefit denial. I would not be surprised if she does not have a long claims history of minor WC claims. The fact they went so quickly to a QME argues that is the case.

Ergo, since the doctors who independently examined her (Qualified Medical examiners — QMEs) found no justifiable work injury, this will be found by the courts to be an illegal suit under Canada's Workers' Compensation law.

My analysis of this case is that this attorney (barrister?) is attempting to claim a fraudulent activity to make the whole enterprise a "criminal" activity which cannot be protected under workers' compensation! That's why the 'fraud' claims.

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