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MATTER OF DENMAN v. COBBLER'S REST.

513633.

106 A.D.3d 1289 (2013)

966 N.Y.S.2d 244

2013 NY Slip Op 3516

In the Matter of the Claim of LINDA M. DENMAN, Now Known as LINDA MUTHIG, Appellant, v. COBBLER'S RESTAURANT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 16, 2013.

LAHTINEN, J.

Claimant sustained a work-related injury in 2003, which resulted in an award of workers' compensation benefits of $359.41 per week based on a total disability rate. In July 2011, after hearing testimony and viewing surveillance videos taken of claimant on March 17 and 18, and April 1, 2011, a Workers' Compensation Law Judge (hereinafter WCLJ) concluded that, although claimant was totally disabled, she nevertheless had misrepresented her disabilities in...

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