Administrative hearings move quickly, and decisions made in the moment can follow a claimant for years. A recent New York appellate ruling shows how much weight a hearing record carries when someone later asks to undo the result.
A Claim That Began During the Pandemic
A New York claimant filed for workers' compensation benefits tied to the COVID-19 pandemic. The state Department of Labor found him ineligible for unemployment insurance and federal pandemic unemployment compensation because he had continued working. It also charged him with a recoverable overpayment, found willful misrepresentation, and imposed a penalty and forfeiture of future benefit days.
At the hearing, he admitted collecting those benefits while working three or more days a week. When the judge asked him to clarify, he denied making a false statement and asked to excuse himself.
The judge explained the consequences. The initial determinations would remain in effect. The withdrawal request was granted.
Three Years Later, a Request to Reopen
More than three years passed before he applied to reopen that decision. At a later hearing, he listened to a recording of the original proceeding and testified in support of his application. The judge denied it, finding no compelling reason or reasonable excuse for the delay. The Unemployment Insurance Appeal Board affirmed.
The Appellate Division agreed. In New York, a case may be reopened after a withdrawal only if good cause for that withdrawal is shown. The court found the claimant's account of confusion contradicted by the record, and credibility was for the Board to resolve.
The case is Matter of Torres, decided in July 2026.
What the Record Showed
The outcome turned on details preserved in the file:
- The judge read the initial determinations aloud
- The claimant stated he was ready to proceed
- The consequences of withdrawing were explained to him
- He confirmed that he understood the issues and procedures
- No reasonable excuse was offered for the long delay
Why This Matters for Injured Workers
Unemployment and workers' compensation are separate systems, but they overlap more than people expect. Statements made in one proceeding can surface in the other.
Reopening is possible. The Department of Labor explains how to apply for a re-opening after an unfavorable decision. It is not automatic, and delay works against you.
Preparation is where a New York workers' compensation lawyer adds the most value. Our NY workers compensation lawyers review the file, identify the issues in dispute, and prepare clients for what a judge will ask.
Before You Speak on the Record
Hearing decisions are difficult to unwind. If you've received an overpayment notice or have questions about a pending claim, the attorneys at Polsky, Shouldice & Rosen, P.C. can review your file. Contact our office to speak with a New York workers' compensation lawyer.
