Matter of Eardley v. Unatego Cent. Sch. Dist.
Claimant, Bill Eardley, who is legally blind and worked as a cleaner for Unatego Central School District, sustained work-related injuries in June 2008 that led to a classification of permanent total disability and the award of workers' compensation benefits. Subsequently, the school district and its carrier alleged a violation of Workers' Compensation Law § 114-a, claiming Eardley made false statements based on video surveillance footage. The footage depicted Eardley performing minimal activities, such as helping move a popcorn machine and assisting his disabled daughter, at amateur football games organized by his wife, which was a nonprofit endeavor. A Workers' Compensation Law Judge and the Workers' Compensation Board found no violation, concluding Eardley's activities were not inconsistent with his representations. The Appellate Division, Third Department, affirmed the Board's decision, determining it was supported by substantial evidence and upholding the Board's role as the sole arbiter of witness credibility.