New York Court of Appeals
In the Matter of James A. Losurdo, Appellant v. Asbestos Free, Inc., Respondent. Workers’ Compensation Board…
December 22, 20031 N.Y.3d 258
Summary
The Court held that Workers’ Compensation Law § 114‑a(1) gives the Board discretion to disqualify a claimant from wage‑replacement benefits even when the forfeited compensation is not directly attributable to a false statement, but found the record insufficient to determine proper exercise of that discretion and therefore reversed and remanded the decisions.