Claim of Feisthamel v. Marcy Correctional Facility
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed August 13, 2004, which ruled that claimant did not violate Workers’ Compensation Law § 114-a.
This case involves the issue of whether claimant violated Workers’ Compensation Law § 114-a by making a misrepresentation of material fact. After development of the record, a workers’ compensation law judge found that there had been no such misrepresentation. Upon review, the Workers’ Compensation Board affirmed and this appeal ensued.
The Board’s determination regarding a violation of Workers’ Compensation Law § 114-a will be upheld if…
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