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IN THE MATTER OF CLAIM OF FEISTHAMEL v. MARCY CORRECTIONAL FACILITY

26 A.D.3d 554 (2006)

809 N.Y.S.2d 259

In the Matter of the Claim of PETER FEISTHAMEL, Respondent, v. MARCY CORRECTIONAL FACILITY et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

February 2, 2006.

ROSE, J.

This case involves the issue of whether claimant violated Workers' Compensation Law § 114-a by making a misrepresentation of material fact. After development of the record, a workers' compensation law judge found that there had been no such misrepresentation. Upon review, the Workers' Compensation Board affirmed and this appeal ensued.

The Board's determination regarding a violation of Workers' Compensation Law § 114-a will be upheld if...

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