Matter of Sausto v. Wildlife Conservation Socy.
Claimant Frank P. Sausto was injured while working and received workers' compensation benefits. He was found to have violated Workers' Compensation Law § 114-a for making material misrepresentations concerning his work activities with his custom knife business, FS Blades, while collecting total disability benefits. A Workers' Compensation Law Judge initially imposed both mandatory and discretionary penalties. The Workers' Compensation Board modified this decision, imposing only a mandatory penalty for a specified period and finding a discretionary penalty unwarranted due to the claimant's disclosures and forthright testimony. The employer and its carrier appealed the Board's modification, but the Appellate Division affirmed the Board's decision, concluding that its factual findings were supported by substantial evidence and its decision regarding the discretionary penalty was not an abuse of discretion.