New York: Misrepresentations Regarding Claimant's Photography Business Justified Disqualification From Further Benefits

Where a New York claimant testified during a 2015 hearing that she had not worked in any capacity nor had she run any business since her PTD classification, yet during a 2016 disqualification hearing, she admitted that she operated a photography business and took photographs for parties and family events. Claimant also acknowledged that she was paid in cash for taking photographs and, in turn, she pad her employees in cash. Other evidence disclosed that claimant paid income tax associated the photography business. Based on the record, the appellate court held there was sufficient evidence to support the Board's finding that claimant had violated N.Y. Workers’ Comp. Law § 114-a, justifying her disqualification from receiving future wage replacement benefits.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Teabout v. Albany County Sheriff’s Dept., 2020 N.Y. App. Div. LEXIS 2305 (3d Dept. Apr. 9, 2020)

See generally Larson’s Workers’ Compensation Law, § 39.03.

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

For a more detailed discussion of the case, see

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