Court Says Board Mischaracterized Videotape Surveillance Evidence
A New York appellate court reversed a decision by the state’s Workers’ Compensation Board that disqualified a claimant from receiving future wage replacement benefits because he made false statements about his physical condition in violation of N.Y. Workers’ Comp. Law § 114-a [Matter of Persons v Halmar Intl., LLC, 2019 N.Y. App. Div. LEXIS 2766 (3rd Dept. Apr. 11, 2019)]. The court acknowledged that the Board had considered videotape evidence as to claimant's ability to walk, bend, and move, but said the Board had actually mischaracterized the video, as it failed to show anything actually inconsistent with the claimant's contentions.