Worker's Lack of Credibility Leads to Denial of Claim, but Not Forfeiture of Future Benefits

A New York appellate court upheld the denial of a worker’s claim for injuries from a fall based on his lack of credibility and his misstatements regarding his medical history, but it found his misconduct was not so egregious as to warrant a total disqualification from future wage loss benefits. Case: Matter of Kennedy v. 3rd Track Constructors, No. 533556, 02/02/2023, published. Facts: Alastair Kennedy worked for 3rd Track Constructors as an operating engineer. He suffered injuries October 2019 when he slipped and fell into a hole at a job site.  According to Kennedy, the ho...