In the Matter of the Claim of Alastair Kennedy
Claimant, an operating engineer, sustained work-related injuries in October 2019 after falling into a hole at a job site. He initially filed for workers' compensation benefits, which were accepted for left foot and ankle injuries. He later alleged neck and left shoulder injuries, which the carrier contested, also raising a Workers' Compensation Law § 114-a violation due to alleged misrepresentations. A Workers' Compensation Law Judge (WCLJ) found claimant's testimony not credible regarding the accident and prior injuries, disallowed the neck and shoulder claims, and imposed both mandatory and discretionary penalties under § 114-a. The Workers' Compensation Board affirmed these findings. On appeal, the Appellate Division affirmed the Board's decision to disallow the claims for neck and shoulder injuries and upheld the mandatory penalty for misrepresentation, finding it supported by substantial evidence. However, the Court reversed the imposition of the discretionary penalty of total disqualification from future wage loss benefits, deeming it disproportionate to the offense, thereby modifying the Board's decision.