LOIS Associate Alexa Cintron and Paralegal Montserrat Ramirez-Figueroa successfully secured a finding of Section 114-a violation in a New York Workers’ Compensation claim. Following receipt of non-covert evidence, Attorney Cintron raised Section 114-a violation. The Law Judge directed record development. During claimant’s testimony, Attorney Cintron obtained key concessions on cross examination, to include that Claimant worked 5 to 6 days per week for a bus company, performed work for Uber Eats, and engaged in multiple transportation-related jobs without notifying the Carrier.
Claimant’s admissions were corroborated by a social media investigation showing public posts of the Claimant working as a bus driver. Based on the undisputed evidence of repeated, undisclosed employment, the Law Judge found a Section 114-a violation, and imposed mandatory and discretionary penalties, barring the Claimant from receiving further indemnity benefits.
