![]() Turning to the penalties imposed as a result of claimant's misrepresentation of a material fact, the Board properly rescinded the benefits which were directly attributable to said misrepresentation (see Workers' Compensation Law § 114-a ). To the extent that claimant insisted that he had not worked and tried to offer an innocent explanation for his presence at the pizzeria/deli, such exculpatory assertions presented a credibility determination for the Board, which is the sole arbiter in that regard (see Matter of Michaels v Towne Ford, 9 AD3d 733, 734 Matter of Johnson v New York State Dept. As noted, claimant unequivocally testified under oath that he had not engaged in any form of employment since the date of his accident, while, in reality, video surveillance and testimony from investigators retained by the employer and its carrier clearly demonstrated the contrary. The Workers' Compensation Board's decision that claimant violated Workers' Compensation Law § 114-a by knowingly making a false statement is supported by substantial evidence in the record (see Matter of McCormack v Eastport Manor Constr., 19 AD3d 826, 828 Matter of Bowes v Gulinello's Town & Country, 3 AD3d 805, 806 ). However, it was subsequently determined that he violated Workers' Compensation Law § 114-a by falsely testifying at a hearing that he had not worked since the date of his injury when, as the employer and its workers' compensation carrier demonstrated via video surveillance, he had been working at a pizzeria/deli. ![]() This opinion is uncorrected and subject to revision before publication in the Official Reports.īefore: Cardona, P.J., Crew III, Spain, Carpinello and Lahtinen, JJ.Īppeal from an amended decision of the Workers' Compensation Board, filed September 20, 2004, which, inter alia, ruled that claimant violated Workers' Compensation Law § 114-a and disqualified him from receiving wage replacement benefits.Ĭlaimant sustained a work-related back injury in 1993 and thereafter began receiving workers' compensation benefits. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
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