![]() shall be disqualified from receiving any compensation directly attributable to such false statement or representation." The Board's determination as to whether a claimant violated this provision will not be disturbed if substantial evidence supports it (see Matter of Santangelo v Seaford U.F.S.D., 165 AD3d 1358, 1359 Matter of Harrison v Town of Cheektowaga, 155 AD3d 1286, 1288 Matter of Snyder v Cring, 140 AD3d 1554, 1554 ). Workers' Compensation Law § 114-a (1) provides that a claimant who "knowingly makes a false statement or representation as to a material fact. The Workers' Compensation Board affirmed, and claimant appeals. The case was continued for further hearings on this issue, after which a Workers' Compensation Law Judge ruled that claimant had violated Workers' Compensation Law § 114-a and, among other things, disqualified him from receiving future wage replacement benefits. In April 2016, it was disclosed that claimant had been placed under surveillance, and the issue of claimant's violation of Workers' Compensation Law § 114-a was raised. Vecchione, Vecchione, Connors & Cano LLP, Garden City Park (Brian Anson of counsel), for Fresh Meadow Power NE LLC and another, respondents.Īppeal from a decision of the Workers' Compensation Board,įiled April 12, 2017, which ruled that claimant violated Workers' Compensation Law § 114-a and disqualified him from receiving future wage replacement benefits.Ĭlaimant sustained work-related injuries to his head and face in January 2015 and was awarded workers' compensation benefits. ![]() Schwartzapfel Lawyers, PC, Garden City (Sachin Gadh of counsel), for appellant. ![]() ![]() WORKERS' COMPENSATION BOARD, Respondent.īefore: McCarthy, J.P., Lynch, Clark, Mulvey and Rumsey, JJ. This opinion is uncorrected and subject to revision before publication in the Official Reports.įRESH MEADOW POWER NE LLC et al., Respondents. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]() Matter of Papadakis v Fresh Meadow Power NE LLC ![]()
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