A New York appellate court ruled that a worker who failed to mention to his doctors a prior compensable neck injury after a second industrial accident did not commit fraud.
Case: Matter of Updike v. Synthes, No. CV-22-1920, 06/01/2023, published.
Facts and procedural history: Lawrence Updike worked as an automotive mechanic. He established a claim for an injury to his low back and a consequential injury to his neck.
After the Workers’ Compensation Board classified Updike as permanently partially disabled, he settled his claim for the neck and back injuries.
In 2006, Updike...
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