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
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 3, 2026 |
| Citation | 2026 NY Slip Op 05218 |
| Area of law | Workers’ Compensation and Unemployment |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05218 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 228 |
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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