Legal Opinion
Losurdo v. Asbestos Free, Inc.
New York Court of Appeals
Decided December 22, 2003PublishedCited by 76 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
These appeals call for us to decide whether section 114-a (1) of the Workers’ Compensation Law authorizes the Workers’ Compensation Board to disqualify a claimant from receiving wage replacement benefits where the forfeited compensation is not “directly attributable” to a false statement or representation. 1 We hold that section 114-a (1) affords the Board discretion to impose such a penalty; however, the records below in these two cases are inadequate for us to determine whether the Board properly exercised its discretion.
I
A. Losurdo
Appellant James Losurdo sought…
2Cases cited8 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- MATTER OF ORENS v. NovelloNew York Court of Appeals · 2002
- People v. HunterNew York Court of Appeals · 1974
- Harp v. New York City Police DepartmentNew York Court of Appeals · 2001
- Claim of Phelps v. PhelpsAppellate Division of the Supreme Court of the State of New York · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Claim of Hammes v. Sunrise Psychiatric Clinic, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Claim of Wesley Church v. Arrow Electronic, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Matter of Barros v. PiconeAppellate Division of the Supreme Court of the State of New York · 2020
- Claim of Michaels v. Towne FordAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Adams v. Blackhorse Carriers, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
71 more not listed; retrieve them via the Exa API.