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United States Department of Labor Employees Compensation Appeals Board C.M., Appellant and DEPARTMENT OF LABOR, EMPLOYMENT STANDARDS ADMINISTRATION, San Francisco, CA, Employer))))))))) Appearances:

C.L.R. Law). The statute, Penal Law Article 549, provides:”A person who is employed in a business, employment, or industry or who performs work requiring special skill or education who has been convicted of a violation of the New York Workers' Compensation Law in another state is prohibited from performing work for the same employer, industry, or area for at least one year following the conviction...” Under state Labor Law § 549-a, workers who have been convicted of offenses in another states are barred from performing work in New York for up to twelve full calendar months. A worker may seek recovery from the employer for recovery of lost wages or damages incurred by the employer due to the misconduct. The statute also limits a worker's right to pursue reimbursement from the employer in part pursuant to a “fraudulent scheme to defraud” under New York Labor Law § 549-b. In addition, the statute restricts a worker's right to recover a monetary award, in part pursuant to a “fraudulent scheme to obtain employment contrary to the public interest.” Under state Labor Law § 549-c, the law provides that a worker cannot recover an award, in whole or in part, of: (1) wages unlawfully withheld or paid in violation of state or local labor law....(2) a benefit of any kind which is not provided or is to be provided pursuant to the New York Workers' Compensation Law; or (3) earnings from any employment which is not based in whole or in part on commission to the worker.... An award of earnings from employment that is based in whole or in part on commissions to the worker, or a benefit which is not provided under or pursuant to the New York Workers' Compensation Law, may be reduced in a manner consistent with the statute. Such reduction of an award must not result in any employee's compensation being reduced below the maximum authorized by the statute for the class or occupational group in which the worker is employed.” In the judgment of the Court, appellant was found guilty of violating Penal Law Article 549, Subsection 3, in a summary trial that began on November 16, 2004. A jury returned verdicts of guilty of eight counts and not guilty of one count. After an appeal by appellant to this Court on the issue of damages pursuant to the New York S.C.L.R.

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