Claim of Cucinella v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1454Claimant sustained injuries to his neck and back in March 2000 during his employment as a bus driver. Thereafter, he was awarded workers’ compensation benefits and, in July 2002, was found to be permanently partially disabled. In March 2006, the self-insured employer raised the issue of whether claimant had violated Workers’ Compensation Law § 114-a. A workers’ compensation law judge determined that claimant had violated Workers’ Compensation Law § 114-a and assessed the mandatory penalty of forfeiture of benefits for the period between January 2002 and January 2005. On appeal, the Workers’…
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