![]() ![]() ![]() The Court of Appeals has found that "a fact is material. Pursuant to Workers' Compensation Law § 114-a, a claimant may be disqualified from receiving compensation and may be subject to disqualification if he or she knowingly makes a false statement or representation as to a material fact for the purpose of obtaining compensation or influencing a determination regarding the payment of compensation (see Workers' Compensation Law § 114-a ). ![]() The Board's determination is based upon substantial evidence and must be upheld (see Matter of Henry v Bass-Masci, 32 AD3d 635, 636 Matter of Lopresti v Washington Mills, 23 AD3d 725, 726 Matter of Phelps v Phelps, 277 AD2d 736, 738 ). After a review by the Workers' Compensation Board, the finding of fraud was sustained and the discretionary penalty imposed by the WCLJ was modified to a permanent disqualification from the receipt of further indemnity benefits. She collected workers' compensation benefits between March 2001 and March 2005, until benefits were suspended due to a finding, by the Workers' Compensation Law Judge (hereinafter WCLJ), that claimant made a false representation in violation of Workers' Compensation Law § 114-a. This opinion is uncorrected and subject to revision before publication in the Official Reports.īefore: Crew III, J.P., Peters, Spain, Lahtinen and Kane, JJ.Īppeal from a decision of the Workers' Compensation Board, filed March 22, 2006, which ruled that claimant violated Workers' Compensation Law § 114-a and disqualified her from receiving future wage replacement benefits.Ĭlaimant, a registered nurse, sustained work-related injuries to her back, coccyx and left wrist in March 2001. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
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