New York: No § 114-a Violation Claimant’s Inexperience With PCs Explained Inconsistencies in Online Job Applications

A decision by the New York Workers’ Compensation Board that found a claimant had made the sort of misrepresentations under N.Y. Workers’ Comp. Law § 114-a that would justify termination of her workers’ compensation benefits was supported by competent evidence, held a state appellate court, where evidence suggested the claimant had minimal computing skills. In some instances, she thought she was applying for a job, but did not do so because she had not logged into the online system correctly. In other instances, she had attached a resume that appeared to reference another individual. The claimant explained that she had used a template provided for her and that apparently, she had not deleted the sample resume included. The appellate court stressed that the Board was free to credit the claimant’s testimony.

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

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Takacs v. Kraft Foods Group Inc., 2021 N.Y. App. Div. LEXIS 2315 (3d Dept., Apr. 8, 2021)

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

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

For a more detailed discussion of the case, see

Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.