The record showed that the driver hadn't tried to disguise his writing and publishing endeavors, such as adopting a pen name, and was forthcoming about his activities when questioned by a workers' compensation law judge, Justice Lisa Fisher wrote in the unanimous order of the state Supreme Court, Third Department, Appellate Division. (Credit: Sergey Nivens/Adobe Stock)
New York state officials forced a truck driver for U.S. Concrete to turn back $93,155 in workers' compensation benefits from October 2017 through September 2020 for failing to disclose that he self-published four fictional books after his on-the-job injury.
But an Albany appeals court declined to dig deeper into the driver's pockets on Thursday, rejecting his employer's request for a discretionary penalty to rescind the worker's partial disability benefit of $802 per week from September 2020 onward.
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Brian Lee
Brian Lee is an Albany-based litigation reporter for the New York Law Journal. He has worked at daily newspapers in Massachusetts, New York and New Jersey. He can be reached at [email protected]. Twitter: @bleereporter
