Claimant’s 114-a violation doesn’t warren permanent disqualification
Case Name: Dunleavy v. Federated Fire Protection (Turner Construction), 121 NYWCLR 28 (N.Y. App. Div. 2021)
Ruling: Upon review, the Appellate Division affirmed the Board’s ruling that the claimant violated WCL Section 114-a but it did not merit a permanent disqualification of wage-loss benefits.
What it means: Although a claimant’s testimony, written questionnaires, and the activities depicted on surveillance video reflect that he has understated the extent of his recreational endeavors, it does not necessarily require permanent disqualification of further wage-loss benefits where, as here, the claimant’s conduct was not egregious, flagrant or pervasive to compel such penalty.