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IN THE MATTER OF RODRIGUEZ v. BURN-BRITE METALS COMPANY, INC.

1 N.Y.3d 553 (2003)

804 N.E.2d 400

772 N.Y.S.2d 236

In the Matter of the Claim of FRANCISCO RODRIGUEZ, Respondent, v. BURN-BRITE METALS COMPANY, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 2003.

Attorney(s) appearing for the Case

Susan B. Marris, Liverpool, and Douglas J. Hayden, for appellants.

Eliot Spitzer, Attorney General, New York City (Howard B. Friedland, Caitlin Halligan, Daniel Smirlock, Patrick Barnett-Mulligan, M. Patricia Smith and Iris A. Steel of counsel), for Workers' Compensation Board, respondent.

Thomas M. Robertson, Syracuse, for Francisco Rodriguez, respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Workers' Compensation Board disqualified claimant from receiving wage replacement benefits as a penalty for having made false representations as defined in Workers' Compensation Law § 114-a (1). The Board declined to cut off claimant's medical benefits, however, determining that section 114-a (1)

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