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IN THE MATTER OF CLAIM OF CLARKE v. LOMASNEY COMBUSTION, INC.

26 A.D.3d 604 (2006)

809 N.Y.S.2d 633

In the Matter of the Claim of RUPERT A. CLARKE, Appellant, v. LOMASNEY COMBUSTION, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

February 9, 2006.

SPAIN, J.P.

Claimant was receiving wage replacement benefits in connection with a work-related injury sustained in 1996. The employer raised an issue of fraud stemming from claimant's failure to disclose that he was engaged in certain employment. Following a hearing, a workers' compensation law judge found that claimant violated Workers' Compensation Law § 114-a. Upon review, the Workers' Compensation Board affirmed the finding that claimant violated Workers...

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