Matter of Dacey v. Sweeteners Plus, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed January 22, 2013, which ruled that claimant did not violate Workers’ Compensation Law § 114-a.

In September 2000, claimant sustained a work-related injury to his back while operating a forklift; he was classified as permanently partially disabled in 2006 and last reported working in 2007. He continued to receive workers’ compensation benefits for a temporary partial disability. Claimant subsequently underwent spinal fusion surgery in 2009, and his benefits were made permanent in July 2010. The employer’s workers’ compensation…