Failure to Disclose Prior Back Injury Not a Material Misstatement

A New York appellate court upheld a determination that a worker had not made material misstatements to secure an award of benefits based on his repeated failure to disclose a prior back injury on medical questionnaires he completed. Case: Matter of Hartman v. Arric Corp., No. CV-22-2330, 02/02/2024, published. Facts: In 2015, Kurt Hartman was struck by a slow-moving vehicle while walking along a street. He suffered a mild injury to his back, which was fully resolved. In 2018, Hartman hurt his back while employed by Arric Corp. as an asbestos handler. Following several independent ...