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at 265-266), even if the claimant has suffered a compensable injury ( see id. The Board also has the discretionary authority to disqualify the claimant from receiving any future wage compensation benefits regardless of "whether or not the claimant is subject to the mandatory penalty" ( id. Any compensation already paid to a claimant which is "directly attributable" to a claimant's misrepresentations must be rescinded by the Board ( Matter of Losurdo v Asbestos Free, 1 N.Y.3d 258, 265 ). Workers' Compensation Law § 114-a (1) provides that a claimant will be disqualified from receiving compensation attributable to a false statement or representation of a material fact made for the purpose of obtaining wage replacement benefits. 3Ĭontrary to claimant's contention, we find that the Board's determination was supported by substantial evidence. Claimant now appeals both from the Board's decision reversing the WCLJ 2 and from the denial of his application for full Board review. 1 Claimant's subsequent application for review by the full Board was denied. Based upon its determination that claimant "knowingly made false statements and representations as to a material fact for the purpose of influencing the determination of workers' compensation benefits in violation of § 114-a," the Board rescinded the benefits awarded to claimant for the period from Apto and disqualified him from future receipt of wage replacement benefits from onward. The workers' compensation carrier applied for review by a panel of the Workers' Compensation Board. After hearings were held, a Workers' Compensation Law Judge (hereinafter WCLJ) found claimant to be permanently partially disabled and awarded him payments of $166.53 per week. In addition, outstanding issues included permanency and degree of disability. In December 2005, after surveillance and independent medical examinations of claimant, the workers' compensation carrier sought to suspend payments to him on the ground that he had voluntarily removed himself from the labor market.

Claimant injured his back in April 2003 while lifting boxes in a warehouse owned by the employer, underwent substantial back surgery in September 2003 and was awarded wage replacement benefits in December 2003.