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Claimant appealed two Workers’ Compensation Board decisions: one denying his claim for benefits due to a non-compensable injury, and another denying his request for reconsideration. The claimant, a construction helper, alleged a left hip, back, and head injury from a fall at a construction site. While a WCLJ initially established the claim, the Board reversed, finding insufficient credible evidence to prove a work-related injury, citing inconsistencies in claimant's and a coworker's testimony, and a lack of contemporaneous medical records. The Board deemed the medical testimony, based on claimant's delayed reporting, unworthy of belief. The Appellate Division affirmed the Board’s decision, deferring to its assessment of witness credibility and reiterating that Workers’ Compensation Law § 21 cannot establish an accident's occurrence, only its origin.
Claim of Siennikov v. Professional Grade Construction, Inc. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Claimant appealed two Workers’ Compensation Board decisions: one denying his claim for benefits due to a non-compensable injury, and another denying his request for reconsideration. The claimant, a construction helper, alleged a left hip, back, and head injury from a fall at a construction site. While a WCLJ initially established the claim, the Board reversed, finding insufficient credible evidence to prove a work-related injury, citing inconsistencies in claimant's and a coworker's testimony, and a lack of contemporaneous medical records. The Board deemed the medical testimony, based on claimant's delayed reporting, unworthy of belief. The Appellate Division affirmed the Board’s decision, deferring to its assessment of witness credibility and reiterating that Workers’ Compensation Law § 21 cannot establish an accident's occurrence, only its origin.
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