![]() "The Board's determination as to whether a claimant has made a material misrepresentation in violation of Workers' Compensation Law § 114-a will not be disturbed if supported by substantial evidence" ( Matter of Hamza v Steinway & Sons, 88 A.D.3d 1033, 1033 see Matter of Ridgeway v RGRTA Regional Tr. Workers' Compensation Law § 114-a (1) provides that if, for purposes of obtaining workers' compensation benefits or influencing a determination in regard to the same, "a claimant knowingly makes a false statement or representation as to a material fact, such person shall be disqualified from receiving any compensation directly attributable to such false statement or representation" ( see Matter of Vazquez v Skuffy Auto Body Shop, 168 A.D.3d 1240, 1241 ). The carrier sought mandatory full Board review, and the full Board, in a split decision, upheld the WCLJ's decision. On appeal, a panel of the Workers' Compensation Board affirmed the WCLJ's decision, with one member dissenting. The WCLJ concluded that there was no violation of Workers' Compensation Law § 114-a and that, in addition to his previously established back injury, claimant sustained work-related injuries to both shoulders, his neck, his right foot and his right ankle. Consequently, the employer, through its workers' compensation carrier (hereinafter collectively referred to as the carrier), maintained that claimant violated Workers' Compensation Law § 114-a. 2 This had not been disclosed by claimant in connection with his workers' compensation claim. Claimant conceded that he was the owner of an online flower business that he started in February 2012 and devoted time to this business following the accident. 1 During the course of administrative hearings conducted with respect to the claim, the Workers' Compensation Law Judge (hereinafter WCLJ) inquired into claimant's work activities following the accident. He filed a claim for workers' compensation benefits as a result of injuries that he sustained in the accident, and he represented on his claim form that he ceased working on due to such injuries. ![]() In April 2014, while driving a truck for the employer and stopped in traffic, claimant was struck from behind by a tractor trailer. ![]()
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