LOIS Associate Natalia Verde secured a WCL Section 114-a victory in a New York Workers’ Compensation case. The Claimant alleged being pushed by a co-worker and injuring the neck, back, right hand, and right thigh. After conducting an investigation and issuing a subpoena, Attorney Verde uncovered a prior 2008 injury to the neck and back, which were not disclosed on the Employee Claim Form C-3. At the first hearing, Verde took the Claimant’s testimony and questioned her on the prior injuries. The Claimant denied prior injuries to the neck and back. A WCL Section 114-a defense was raised, and a trial was set to further develop the issue.
At the trial, the Claimant conceded to being dishonest on the Employee Claim Form C-3, which indicated that she had no prior injuries. The Claimant also conceded to being dishonest in her testimony at the prior hearing. The Claimant then conceded to being dishonest to the IME doctor by not disclosing the prior injuries. In summations, Verde argued that the Claimant violated WCL Section 114-a by failing to disclose her prior injuries on multiple occasions and in light of the concessions rendered at the trial. Verde requested mandatory and discretionary penalties as the Claimant’s testimony was contradictory and dishonest and as the intentional omissions were made for the purpose of influencing her case. The Law Judge found that the Claimant violated WCL Section 114-a and issued mandatory and discretionary penalties.
