Matter of Castillo Gonzalez v Expo Concrete, LLC

Holding The Board’s refusal to address improper notice was not an abuse of discretion because the carrier failed to raise the issue or appeal the initial decision. The Board’s finding that the claimant did not violate Workers’ Compensation Law § 114-a was supported by substantial evidence, as the initial misrepresentation was not made to obtain benefits.

The court’s words

we find no abuse of discretion in the Board's refusal to now address allegations of improper notice of the claim

2026 NY Slip Op 05833, at the official text

the Board's decision that claimant did not violate Workers' Compensation Law § 114-a will not be disturbed

2026 NY Slip Op 05833, at the official text

substantial evidence supports the Board's determination that claimant sustained causally related neck and back injuries

2026 NY Slip Op 05833, at the official text