New York: Minimal Activity at Nonprofit Concession Stand Does Not Violate § 114-a

New York’s Workers’ Compensation Board could reasonably conclude that a claimant had not violated N.Y. Work. Comp. Law § 114-a—the false statement/misrepresentation of material fact provision—where a surveillance video showed the claimant, who received PTD benefits, walking around at a concession stand at an amateur, non-profit sporting event organized by the claimant’s spouse and another individual. Claimant was also shown assisting his disabled daughter take money at a secondary admission gate on a separate, related occasion. Evidence suggested money collected through admission, merchandise and concessions were used to cover expenses. The Board could reasonably conclude that claimant's activities were minimal and not inconsistent with the representations that he made on to the insurance carrier.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Eardley v. Unatego Central Sch. Dist., 2017 N.Y. App. Div. LEXIS 6467 (Sept. 14, 2017)

See generally Larson’s Workers’ Compensation Law, § 39.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law