MATTER OF GARDNER v. NURZIA CONSTRUCTION CORPORATION


63 A.D.3d 1385 (2009)

881 N.Y.S.2d 529

In the Matter of JEFFREY A. GARDNER, Appellant, v. NURZIA CONSTRUCTION CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 18, 2009.


Rose, J.

Claimant filed for workers' compensation benefits, alleging that he had fallen from a ladder and sustained disabling head injuries while working alone at the employer's construction site. Finding claimant's testimony that he sustained his injuries while working for the employer to be incredible, the Workers' Compensation Law Judge disallowed his claim. The Workers' Compensation Board affirmed, and this appeal ensued.

Claimant argues that the statutory...

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