Issue Commentary: NY Decision Shows That Not All “Misrepresentations” Are Sufficient to Warrant Disqualification from Future Benefits

NY Court: Somewhat Inconsistent Statements Related to Third-Party Action Was not § 114-a Violation

No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head Injury

A New York appellate court affirmed a finding of a state WCLJ, affirmed by the New York Workers’ Compensation Board, that a claimant had not made misrepresentations regarding his prior...

Failure to Disclose Earnings From Home-Based Business is Violation of NY Fraud Statute

Where a New York workers’ compensation claimant testified that he had not worked after a specific date and also represented to a carrier’s medical consultant that he had stopped working...

NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a

A New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...

Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002,...

Failure of Injured NY Worker to Disclose Auto Accident to IME Physician Results in Loss of Benefits

The New York Workers’ Compensation Board was within its powers when it found an injured worker had violated N.Y. Workers’ Comp. Law § 114-a, by failing to disclose on an...

“Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material Fact

A New York appellate court held that substantial evidence supported a decision by the state’s Workers’ Compensation Board disqualifying a workers’ compensation claimant from further benefits, based upon his misrepresentation...

NY Claimant Should Not Have Been Permanently Barred From Indemnity Benefits

A New York appellate court held that while the state’s Workers’ Compensation Board was within its discretion when it found an injured worker had violated N.Y. Workers’ Comp. Law §...

Job Application Inconsistencies Excused by NY Claimant’s Lack of Computer Skills

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had not violated N.Y. Workers’ Comp. Law § 114-a, where various potential...

Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that found an injured employee had misrepresented his physical condition to his treating physicians–videotape surveillance showed...

NY Worker’s Failure to Disclose Religious Activity Does Not Bar Her Receipt of Benefits

An injured worker’s unpaid religious activity within a small church, which included providing occasional sermons, counseling a small group of parishioners, assisting with Bible studies and baptisms, and the like,...