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MATTER OF JOHNSON v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

305 A.D.2d 927 (2003)

758 N.Y.S.2d 870

In the Matter of the Claim of EVERETT JOHNSON, Appellant, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 22, 2003.

Peters, J.

Claimant was receiving workers' compensation benefits stemming from a 1992 work-related injury. In 2000, he was convicted upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree and, during the plea colloquy, admitted that he sold a quantity of crack cocaine for $270. At a subsequent workers' compensation hearing, claimant denied receiving any income from self-employment or other sources since May 1998...

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