Claim of Retz v. Surpass Chemical Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P
Appeal from a decision of the Workers’ Compensation Board, filed May 18, 2005, which ruled that claimant violated Workers’ Compensation Law § 114-a and disqualified him from receiving wage replacement benefits.
Claimant sustained work-related injuries in May 1994 and began receiving workers’ compensation benefits at that time. In 2000, the employer’s workers’ compensation carrier raised the issue of Workers’ Compensation Law § 114-a, contending that claimant had misled its medical examiner regarding the extent of his injuries. Following hearings, a Workers’ Compensation Law Judge…
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