A New York appeals court upheld the dismissal of a worker’s claim for damages from a case based on lack of credibility, but it found that his misconduct was not so serious as to warrant a total loss of future benefits.
Alastair Kennedy worked for 3rd Track Constructors as an operations engineer. He was injured in October 2019 when he slipped and fell into a hole at a workplace, according to the report Matter of Kennedy v. 3rd Track Constructorsfiled Thursday with the state Appellate Division’s 3rd Department.
According to associates and photographs, Mr. Kennedy the size of the hole and the extent of his injuries, as he was able to get up after falling.
Mr. Kennedy, who underwent two surgeries in 2020, filed a workers̵7; compensation claim alleging injuries to his left shoulder, foot and ankle. The employer’s insurer accepted liability for the injuries to Kennedy’s left foot and ankle but disputed the alleged neck and left shoulder injuries. The insurer also raised the possibility that Mr. Kennedy had violated state worker laws that allow a worker to be barred from receiving future benefits if a worker makes false statements.
A workers’ compensation judge found that Kennedy was not a credible witness and dismissed his claim of injury to his neck.
The Workers’ Compensation Board also dismissed the claims for injuries to the left shoulder and neck and upheld the loss of future benefits. The Appellate Division’s 3rd Circuit agreed that Mr. Kennedy was inconsistent in reporting past injuries and lacked “a truthful medical history,” the medical opinions did not support Mr. Kennedy’s claims of injury.
The court went on to state that Mr. Kennedy also had violated state law by exaggerating his injuries. But the court said the total loss of future wage loss benefits is disproportionate to the crime, and so it modified the sentence.
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