N.Y. 3rd Finds No Violation of Due Process

The Third Judicial Department of the Appellate Division of the New York Supreme Court ruled that the Workers' Compensation Board does not violate a claimant's due process rights by deciding issues not before the Workers' Compensation Law Judge (WCLJ). In Dishaw v. Midas Service Experts , No. 98154, 03/16/2006, Michael Dishaw, the manager of an automotive shop, sustained injuries to his head and began receiving work comp benefits. The Board disqualified Dishaw from receiving benefits after determining that he made material misrepresentations regarding his medical history. Dishaw appealed,...