Workers' Compensation

New York: Claimant’s Undisclosed “Light” Work on Residential Renovation Was Not Fraud

A New York appellate court has affirmed a determination by the state’s Board that a claimant had not violated New York’s workers’ compensation fraud statute, NY CLS Work Comp § 114-a, by engaging, without disclosing that fact to the Board or to the employer, in light errands and other work associated with the renovation of a residential structure that he owned. Claimant admitted to participating in various activities on the property, but testified that all his work was “light” in nature, and that subcontractors and other family members performed the remaining work. The court noted that surveillance videos offered by the employer did not contradict the claimant’s testimony. The court also observed that that claimant still owned the property at the time of the hearing, that his son was living there, that the property was not listed for sale and that claimant had not decided whether he would sell the property. The appellate court concluded that while there was evidence that could support a different conclusion, the Board’s finding that there had been no § 114-a violation was supported by substantial evidence.

Reported by Thomas A. Robinson, J.D.

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See Borgal v. Rochester-Genesee Regional Transp. Auth., 2013 N.Y. App. Div. LEXIS 5193 (July 11, 2013) [2013 N.Y. App. Div. LEXIS 5193 (July 11, 2013)]

See generally Larson’s Workers’ Compensation Law, § 39.03 [39.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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