2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 7 - (110 - 137) Miscellaneous Provisions.
114-A - Disqualification for false representation.


NY Work Comp L § 114-A (2012) What's This?
 
    §  114-a.  Disqualification  for  false  representation. 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.

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