Summary
This Appellate Division, Third Department opinion affirms a Workers' Compensation Board decision finding that the claimant violated Workers' Compensation Law § 114-a by knowingly making material omissions and misrepresentations regarding her prior neck and back injuries. The court held that the Board's factual findings were supported by substantial evidence and that the discretionary penalty of permanent disqualification from future wage replacement benefits was not an abuse of discretion. The claimant's arguments regarding a language barrier and memory loss were deemed unpreserved or properly rejected as credibility issues.
Topics
Practice areas
Questions Presented
- Whether the Workers' Compensation Board's finding that the claimant violated Workers' Compensation Law § 114‑a was supported by substantial evidence
- Whether the Board's discretionary penalty of permanent disqualification was an abuse of discretion as a matter of law
Holdings
- The Board's finding is supported by substantial evidence and is therefore affirmed.
- The discretionary penalty is upheld because it is not so disproportionate as to constitute an abuse of discretion.
Key quotations
“Workers' Compensation Law § 114‑a (1) provides, in relevant part, that a claimant who, for the purpose of obtaining workers' compensation benefits or influencing any determination relative thereto, knowingly makes a false statement or representation as to a material fact shall be disqualified from receiving any compensation directly attributable to such false statement or representation.”
“A fact will be deemed material so long as it is significant or essential to the issue or matter at hand, and an omission of material information may constitute a knowing false statement or misrepresentation.”
“Whether a claimant has violated the statute lies within the province of the Board, which is the sole arbiter of witness credibility, and its decision will not be disturbed if supported by substantial evidence.”
Factual background
In October 2019 the claimant was injured when a printer fell on her while vacuuming, resulting in back, neck, and shoulder injuries. She later filed a workers' compensation claim but repeatedly denied any prior neck or back injuries on multiple forms and during several independent medical examinations. The Board concluded that these repeated denials constituted false statements under Workers' Compensation Law § 114‑a and imposed a permanent disqualification from future wage‑replacement benefits.
Procedural history
The Workers' Compensation Law Judge found insufficient evidence of a § 114‑a violation. The Board, on administrative review, modified that decision and found the claimant had violated § 114‑a, imposing mandatory and discretionary penalties. The claimant appealed the Board's decision.