Video surveillance showed the injured worker digging in his garden, engaging in outdoor activities that required bending and kneeling at angles up to 90 degrees and carrying a large case of beer in each hand. Credit: Mara Louvain/Adobe Stock
The Appellate Division of the Supreme Court of New York affirmed a judgment issued by the Workers Compensation Board (Board) that a New York man claiming to be completely disabled have his benefits revoked and be "permanently disqualif[ied]…from receiving wage replacement benefits." The case is Arena v. Upstate Niagara Coop., 2022 N.Y. App. Div. LEXIS 4995 (N.Y. App. Div. 2022).
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