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Hodzic v. TTSI, Inc.
Citations: 117 A.D.3d 1379; 986 N.Y.S.2d 889
Court: Appellate Division of the Supreme Court of the State of New York; May 29, 2014; New York; State Appellate Court
The Workers’ Compensation Board ruled that the claimant violated Workers’ Compensation Law § 114-a by knowingly misrepresenting his medical condition to receive benefits. The claimant injured his lower back in 2005 and subsequently received workers’ compensation benefits. However, after being placed under surveillance, evidence indicated he engaged in activities inconsistent with his claimed limitations, such as riding a bicycle and carrying heavy items. Despite his testimony that he experienced significant pain and used assistive devices like a walker or cane, observations showed he only used these devices around medical appointments. The Board determined that the claimant's misrepresentations warranted a permanent disqualification from wage replacement benefits starting September 23, 2010, and assessed a discretionary penalty. The decision was affirmed by the court, which found substantial evidence supporting the Board's conclusions, particularly regarding the claimant's credibility and the weight of conflicting evidence. The court also noted that the Board has the authority to assess witness credibility in such matters. The claimant’s additional arguments were reviewed and found unpersuasive. The ruling was affirmed without costs.