Inconsistent Testimony, Lack of Credibility Sink Comp Claim

A New York appellate court upheld the denial of a construction worker’s comp claim due to his inconsistent testimony and lack of credibility. Case: Matter of Ferrari v. Darcon Construction Inc., No. 526308, 03/21/2019, published. Facts and procedural history: Richard Ferrari worked for Darcon Construction. He filed a claim for workers’ compensation benefits, asserting he had suffered injuries when he tripped and fell on broken concrete at a job site. A workers’ compensation judge denied his claim, finding Ferrari’s testimony was inconsistent and that substantial evid...