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Appellate Division, Third Department · September 3, 2026 · 2026 NY Slip Op 05218

Matter of Loja-Saula v Cosan Constr. Corp.

Read the official decision: 2026 NY Slip Op 05218

Holding The Appellate Division affirmed the Workers’ Compensation Board’s determination that there was insufficient proof that the claimant violated Workers’ Compensation Law § 114-a by knowingly making false statements regarding prior injuries. The court held that the Board’s credibility determinations and factual findings, which found the carrier’s evidence inconclusive due to inconsistencies in identity and injury details, were supported by substantial evidence.

The court’s words

A claimant who, for the purpose of obtaining workers' compensation benefits, knowingly makes a false statement or representation as to a material fact shall be disqualified from receiving any compensation directly attributable to such false statement or representation

2026 NY Slip Op 05218, at the official text

Whether a claimant has violated the statute lies within the province of the Board, which is the sole arbiter of witness credibility, and its decision will not be disturbed if supported by substantial evidence

2026 NY Slip Op 05218, at the official text

it is not the role of this Court to second-guess the Board's resolution of factual and credibility issues, and the mere fact that there may be evidence in the record to support contrary conclusions is of no moment

2026 NY Slip Op 05218, at the official text
CourtAppellate Division, Third Department
DecidedSeptember 3, 2026
Citation2026 NY Slip Op 05218
Area of lawWorkers’ Compensation and Unemployment
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05218
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id228

Recommended citation

ESQ HQ, New York Law Watch, Matter of Loja-Saula v Cosan Constr. Corp., 2026 NY Slip Op 05218 (Appellate Division, Third Department, September 3, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05218/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 3, 2026. Updated September 3, 2026.