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LOSURDO v. ASBESTOS FREE

1 N.Y.3d 258 (2003)

803 N.E.2d 379

771 N.Y.S.2d 58

In the Matter of JAMES A. LOSURDO, Appellant, v. ASBESTOS FREE, INC., Respondent. WORKERS' COMPENSATION BOARD, Respondent. In the Matter of FLORENCIA MACHADO, Appellant, v. PLEASANTVILLE FORD, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 2003.

Attorney(s) appearing for the Case

Olinsky & DiMartino, Oswego (Howard D. Olinsky and Jaya Shurtliff of counsel), for appellant in the first above-entitled proceeding.

Wood & Richmond, LLP, North Syracuse (John I. Hvozda of counsel), for Asbestos Free, Inc., respondent in the first above-entitled proceeding.

Hoffman, Wachtell, Koster & Maier, White Plains (Lee A. Hoffman, Jr., of counsel), for appellant in the second above-entitled proceeding.

Alison Kent-Friedman, New York City, and James P. O'Connor for respondents in the second above-entitled proceeding.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

These appeals call for us to decide whether section 114-a (1) of the Workers' Compensation Law authorizes the Workers' Compensation Board to disqualify a claimant from receiving wage replacement benefits where the forfeited compensation is not "directly attributable" to a false statement or representation.1 We hold that section 114-a (1) affords the Board discretion to impose such a penalty; however...

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