Inconsistent Statements by Worker With Memory Loss Don't Justify Forfeiture of Benefits

A New York appellate court ruled that a worker suffering from memory loss did not make material misstatements about his medical history to obtain benefits. Case: Matter of Belfiore v. Penske Logistics LLC, No. 534617, 10/06/2022, published. Facts: Wayne Charles Belfiore worked for Penske Logistics LLC as a hospital delivery driver. He sustained head and traumatic brain injuries from a fall while unloading material from a truck in February 2020. Procedural history: Belfiore applied for workers' compensation benefits. Penske controverted the claim, contending, among other things, tha...