Matter of DiFilippo v. Edison

Summary

The court affirmed a Workers’ Compensation Board decision denying the claimant’s request to change the hearing venue from Manhattan to White Plains. It held that the claimant did not provide sufficient justification for the requested change and upheld the $250 penalty imposed on his attorney for seeking review without reasonable grounds.

Holdings

1. The Board properly denied claimant's request because he failed to provide sufficient justification for changing the hearing venue.
2. Substantial evidence supported the Board's determination that claimant had not demonstrated the need for a change of venue.
3. The Board properly imposed a $250 penalty on claimant's attorney for seeking review without reasonable grounds under Workers' Compensation Law § 114-a (3) (ii).

Questions Presented

1. Whether the Workers' Compensation Board properly denied claimant's request to transfer the venue of his hearings from Manhattan to White Plains.
2. Whether substantial evidence supported the Board's determination that claimant failed to demonstrate sufficient justification for a venue change.
3. Whether the Board properly imposed a $250 penalty on claimant's attorney under Workers' Compensation Law § 114-a (3) (ii).

Disposition

affirmed