N.Y. Workers' Compensation Law § 114-a: Disqualification for false representation

§ 114-a. Disqualification for false representation. 1. If for the

purpose of obtaining compensation pursuant to section fifteen of this

chapter, or for the purpose of influencing any determination regarding

any such payment, a claimant knowingly makes a false statement or

representation as to a material fact, such person shall be disqualified

from receiving any compensation directly attributable to such false

statement or representation. In addition, as determined by the board,

the claimant shall be subject to a disqualification or an additional

penalty up to the foregoing amount directly attributable to the false

statement or representation. Any penalty monies shall be paid into the

state treasury.

2. If with the knowledge of a claimant, another person knowingly makes

a false statement or representation as to a material fact for the

purpose of assisting a claimant in either obtaining, or influencing any

determination regarding compensation pursuant to section fifteen of this

chapter, such claimant may be disqualified from receiving any

compensation directly attributable to such false statement or

representation. In addition, as determined by the board, the claimant

may be subject to a disqualification or an additional penalty up to the

foregoing amount directly attributable to the false statement or

representation. Any penalty monies shall be deposited to the credit of

the general fund of the state.

3. If the board or any court having jurisdiction over proceedings in

respect of any claim for compensation determines that the proceedings in

respect of such claim, including any appeals, have been instituted or

continued without reasonable ground:

(i) the cost of such proceedings shall be assessed against the party

who has so instituted or continued the proceedings, which shall be

payable to the board for administrative expenses pursuant to section one

hundred fifty-one of this chapter;

(ii) reasonable attorneys' fees shall be assessed against an attorney

or licensed representative who has instituted or continued proceedings

without reasonable grounds, which assessment shall be payable to the

board for administrative expenses pursuant to section one hundred

fifty-one of this chapter. Fees awarded under this provision may not be

recouped from the party; and

(iii) such assessments shall be in addition to any other penalty

permitted under this chapter.