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Worker's Failure to Mention Prior Neck Injury Doesn't Result in Forfeiture of Benefits

Thursday, June 8, 2023 | 0

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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