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Worker's Inconsistent Accounts of Alleged Accident Warrant Denial of Claim

Wednesday, August 5, 2020 | 0

A New York appellate court ruled that a worker’s inconsistent accounts of his medical history and alleged accident warranted a denial of his claim for benefits. Case: Matter of De La Cruz v. Aufiero Painting Industries Inc., No. 29896, 07/23/2020, published. Facts: Juan De La Cruz worked for Aufiero Painting Industries Inc. He filed a workers’ compensation claim asserting he had hurt his back in an unwitnessed scaffolding accident on July 21, 2017. At his annual physical exam five days after the alleged accident, De La Cruz complained about back pain, but the examination reveale...

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