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Claim of Lleshi v. Dag Hammarskjold Tower

Citations: 123 A.D.3d 1386; 1 N.Y.S.3d 397

Court: Appellate Division of the Supreme Court of the State of New York; December 30, 2014; New York; State Appellate Court

Narrative Opinion Summary

The case involves appeals from a claimant challenging the Workers’ Compensation Board’s decisions regarding an alleged violation of Workers' Compensation Law § 114-a. Initially, the claimant was accused of misrepresenting his work activities while receiving benefits for a back injury sustained in 2005. However, the Board found no violation, as the claimant credibly testified about his minimal, non-compensated tasks at a relative's café, which was corroborated by surveillance evidence. The Board reversed the Workers' Compensation Law Judge's ruling, affirming the claimant's non-violation due to substantial evidence supporting his testimony. The employer’s request for a full Board review was denied, and the subsequent appeal on this denial was deemed moot after a three-member panel's review. Ultimately, the court upheld the Board's authority to evaluate witness credibility and apply the substantial evidence standard, affirming the original decision from May 30, 2012, and dismissing the appeal from August 20, 2013.

Legal Issues Addressed

Authority of the Workers' Compensation Board

Application: The Board has the authority to assess witness credibility and apply the substantial evidence standard in its findings.

Reasoning: The court's decision highlighted the Board's authority to assess witness credibility and the substantial evidence standard for upholding its findings.

Credibility Assessment in Workers' Compensation Cases

Application: The Board's determination was based on the credibility and consistency of the claimant's testimony regarding his activities.

Reasoning: The Board found the claimant’s testimony credible and consistent, leading to a determination supported by substantial evidence.

Mootness of Appeal in Workers' Compensation

Application: The appeal regarding the denial of full Board review was rendered moot as a three-member panel reviewed and denied the application.

Reasoning: The appeal regarding the denial of full Board review was deemed moot, as a three-member panel later reviewed and denied the application.

Substantial Evidence Standard

Application: The Board's decision was upheld as it was supported by substantial evidence, including surveillance showing non-work activities.

Reasoning: Surveillance evidence did not contradict his testimony, primarily showing him engaging in non-work activities.

Workers' Compensation Law § 114-a Violation

Application: The claimant was found not to have violated Workers' Compensation Law § 114-a despite allegations of misrepresenting work activities while receiving benefits.

Reasoning: The first decision, dated May 30, 2012, found that the claimant did not violate the law despite the employer’s allegations of knowingly misrepresenting his work activities while receiving benefits after sustaining a back injury in 2005.