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Failure to disclose accidents leads to loss of compensatory benefits



An appeals court in New York on Thursday confirmed an injured HVAC technician lost compensation after failing to disclose a car accident following his workplace injury.

The worker injured his right hand while preparing equipment for repair and his workers' compensation claims were established for hand injuries and complex regional pain syndrome, along with exacerbation of anxiety and depression, according to documents in 2021 NY Slip Op 05374, as was lodged with the Appellate Division of the Supreme Court of New York, the Third Chamber of Albany.

Months after his injury, an independent doctor asked the man's wife to fill out an admission form regarding his injuries and medical history, which the man then signed.

In response to a question To the question whether the applicant "had any subsequent injuries or accidents" after the work incident, the plaintiff's wife answered "back pain". The employer was later informed that he had been involved in a reversal of an engine accident one month after the workplace incident and had been hospitalized overnight.

The evaluation assessment for the emergency department noted that the injured party had abrasion on his right arm, among other injuries. ", it says in the document.

The Labor Judge agreed and imposed penalties for a reduction of ongoing benefits of $ 400 per week for 26 weeks. On appeal, the Occupational Safety and Health Board increased the mandatory penalty for disqualification from compensation for five years, "to find the plaintiff's conduct sufficiently serious" that it also permanently disqualified him from receiving future income benefits.

As confirmation, the Court of Appeal wrote that it agreed with the board. that "the plaintiff's failure to disclose the engine accident … was so serious that a permanent disqualification was justified."

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