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

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A New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...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

NY Board Abused Discretion in Failing to Allow Carrier’s Review Application

In a claim tangental to a highly-publicized 2019 indictment for alleged workers’ compensation fraud, a New York appellate court held that the state’s Workers’ Compensation Board abused its discretion when...

Arkansas Court Affirms Revocation of Pharmacy License in Pain Cream Cases

A divided division of the Arkansas Court of Appeals has affirmed a decision by the state’s Board of Pharmacy that revoked the permit and license of a pharmacy and an...

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...

NY Claimant’s Failure to Disclose Gambling Activities Constitutes § 114-a Violation

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that not only imposed the mandatory penalty rescinding the claimant’s award of workers’ compensation benefits, but...

NY Board Has Broad Discretion in Reviewing § 114-a Issues

In a decision that illustrates the tremendous breadth of discretion allowed to the New York Workers’ Compensation Board, a state appellate court affirmed a Board decision—in spite of findings by...

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...