Legal Opinion
Claim of Clarke v. Lomasney Combustion, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2006PublishedCited by 4 opinions
1Opinion of the Court
Spain, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed July 19, 2004, which ruled that claimant violated Workers’ Compensation Law § 114-a and was disqualified from receiving additional wage replacement benefits.
Claimant was receiving wage replacement benefits in connection with a work-related injury sustained in 1996. The employer raised an issue of fraud stemming from claimant’s failure to disclose that he was engaged in certain employment. Following a hearing, a workers’ compensation law judge found that claimant violated Workers’ Compensation Law § 114-a. Upon review,…
2Cases cited8 opinions
- Losurdo v. Asbestos Free, Inc.New York Court of Appeals · 2003
- Claim of Phelps v. PhelpsAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Michaels v. Towne FordAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Johnson v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Lopresti v. Washington MillsAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by4 opinions
- Matter of Conliffe v. Darden Rest.Appellate Division of the Supreme Court of the State of New York · 2020
- Claim of Harabedian v. New York Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of Giglia v. SUNY Buffalo-UnionAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Permenter v. WRS Envtl. Servs. Inc.Appellate Division of the Supreme Court of the State of New York · 2019