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Discrepancy Between Medical Record, Worker's Account of Accident Didn't Create Triable Issue

By WorkCompCentral

Monday, December 4, 2017 | 470 | 0 | 0 min read

A New York appellate court ruled that the existence of a discrepancy between the description of an accident provided by a construction worker and the account contained in his medical records did not prevent him from receiving a grant of summary judgment on his Labor Law claim. Case: Mosqueda v. Ariston Development Group, No. 5004 159551/13, 11/21/2017, published. Facts and procedural history: Heriberto Mosqueda filed a Labor Law claim against the Ariston Development Group after he suffered injuries in an alleged fall from a ladder. New York County Supreme Court Justice Kelly O'Neill Lev...

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