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. 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.Ĭontrary to the contention of the employer and its workers' compensation carrier, the alleged failure to timely serve the notice of appeal on the Office of the Secretary of the Board does not warrant dismissal of the appeal ( see Matter of Santangelo v Seaford U. 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, filed 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. Before: McCarthy, J.P., Lynch, Clark, Mulvey and Rumsey, JJ.
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