Matter of Fernandes v. Del Frisco's Rest. Grp
Michelle Fernandes, a bartender, applied for workers' compensation benefits after allegedly falling at work and sustaining injuries. The employer's carrier disputed the claim, asserting the incident didn't occur as described and that Fernandes made false representations. A Workers' Compensation Law Judge initially awarded benefits, but the Workers' Compensation Board reversed, disallowing the claim and finding false representations, though no penalty was assessed. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the Board's rejection of claimant's testimony and medical proof, particularly given video evidence that contradicted her account of the fall and the Board's role in resolving credibility issues.