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Any compensation already paid to a claimant which is "directly attributable" to a claimant's misrepresentations must be rescinded by the Board (Workers' Compensation Law § 114-a see Matter of Losurdo v Asbestos Free, 1 N.Y.3d 258, 265 Matter of Church v Arrow Elec., Inc., 69 A.D.3d 983, 984 ). Workers' Compensation Law § 114-a (1) provides that a claimant will be disqualified from receiving compensation attributable to a false statement or representation of a material fact made for the purpose of obtaining wage replacement benefits.

Upon administrative review, the Workers' Compensation Board adopted and affirmed the decision of the WCLJ, and claimant now appeals. The WCLJ, having imposed a mandatory and discretionary penalty, rescinded benefits awarded to claimant from to Novemand disqualified her from receiving future wage replacement benefits. A hearing ensued, after which a Workers' Compensation Law Judge (hereinafter the WCLJ) found that claimant knowingly misrepresented her volunteer activity with CitiVision, a youth-based camp formerly directed by her husband, in order to obtain workers' compensation benefits in violation of Workers' Compensation Law § 114-a (1). Following claimant's October 2009 arrest for insurance fraud, and based upon responses provided by claimant on a workers' compensation questionnaire denying participation in any work or volunteer activity since her 2005 accident and an investigation and a video surveillance of claimant, the employer sought to suspend her wage replacement benefits. As a result of a January 2005 work-related accident, claimant sustained compensable injuries to her left ankle and lower back and was awarded wage replacement benefits.