Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Matter of Beiter v. Neth & Son, Inc.
Citation: 2023 NY Slip Op 00897Docket: 534521
Court: Appellate Division of the Supreme Court of the State of New York; February 15, 2023; New York; State Appellate Court
Original Court Document: View Document
Arnold Beiter appealed a decision from the Workers' Compensation Board that denied his application for reconsideration and/or full Board review following a determination of intentional misrepresentation related to his disability claim. Beiter had previously sustained injuries as a carpenter and was classified with a permanent partial disability, receiving ongoing benefits. However, after reopening his case to address a potential change in condition, including vocal cord paralysis, the employer and its insurance carrier alleged that Beiter misrepresented his disability and work activities, violating Workers' Compensation Law § 114-a. The Workers' Compensation Law Judge (WCLJ) found Beiter lacked credibility, imposed penalties including the rescission of benefits for a specific period, and permanently disqualified him from receiving wage replacement benefits. The Board affirmed this decision, determining that Beiter did not present new medical evidence or demonstrate a material change in condition to warrant reconsideration. Upon review, the appellate court found no abuse of discretion by the Board in denying Beiter’s request, confirming that the Board adequately addressed all relevant issues, including the alleged § 114-a violation and Beiter's testimony. The decision was ultimately affirmed without costs.