Workers Compensation — Miscellaneous Provisions — Disqualification for false representation

19 Apr 2016

Current through 2016 New York Laws, Chapters 1 to 237

1. If for the purpose of obtaining compensation pursuant to section fifteen of this chapter, or for the purpose of influencing any determination regarding any such payment, a claimant knowingly makes a false statement or representation as to a material fact, such person shall be disqualified from receiving any compensation directly attributable to such false statement or representation. In addition, as determined by the board, the claimant shall be subject to a disqualification or an additional penalty up to the foregoing amount directly attributable to the false statement or representation. Any penalty monies shall be paid into the state treasury.
2. If with the knowledge of a claimant, another person knowingly makes a false statement or representation as to a material fact for the purpose of assisting a claimant in either obtaining, or influencing any determination regarding compensation pursuant to section fifteen of this chapter, such claimant may be disqualified from receiving any compensation directly attributable to such false statement or representation. In addition, as determined by the board, the claimant may be subject to a disqualification or an additional penalty up to the foregoing amount directly attributable to the false statement or representation. Any penalty monies shall be deposited to the credit of the general fund of the state.
3. If the board or any court having jurisdiction over proceedings in respect of any claim for compensation determines that the proceedings in respect of such claim, including any appeals, have been instituted or continued without reasonable ground:
(i) the cost of such proceedings shall be assessed against the party who has so instituted or continued the proceedings, which shall be payable to the board for administrative expenses pursuant to section one hundred fifty-one of this chapter;
(ii) reasonable attorneys' fees shall be assessed against an attorney or licensed representative who has instituted or continued proceedings without reasonable grounds, which assessment shall be payable to the board for administrative expenses pursuant to section one hundred fifty-one of this chapter. Fees awarded under this provision may not be recouped from the party; and
(iii) such assessments shall be in addition to any other penalty permitted under this chapter.
N.Y. Work. Comp. Law § 114-A