Opinion
August 22, 1991
Appeal from the Workers' Compensation Board.
Claimant alleges that he was illegally employed and therefore entitled to double workers' compensation benefits pursuant to Workers' Compensation Law § 14-a. Once a copy of claimant's certificate of employment was produced, thereby showing that his employment was authorized, it was incumbent on claimant to demonstrate that, in fact, Labor Law §§ 132 and 135 were violated (see, Matter of Salvio v Abercrombie Fitch Co., 40 A.D.2d 1056, 1057). Not only did claimant fail to offer any evidence that he never gave the working papers to the employer, but he failed to even claim that the employer did not ask for them or keep them on file (cf., Matter of Robles v Mossgood Theatre-Saunders Realty, 53 A.D.2d 972). Claimant therefore failed to meet his burden and the decision of the Workers' Compensation Board finding that no illegal employment existed must be upheld. Finally, claimant had every opportunity to fully develop the record and we see no reason to remit the matter now to do so.
Casey, J.P., Weiss, Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.