MATTER OF WILLARD v. O-AT-KA MILK PRODS. COOP.

515678.

106 A.D.3d 1423 (2013)

967 N.Y.S.2d 425

2013 NY Slip Op 3899

In the Matter of the Claim of AMY WILLARD, Respondent, v. O-AT-KA MILK PRODUCTS COOPERATIVE et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 30, 2013.


Rose, J.P.

In January 2009, claimant fell from the top of a milk truck while working for the employer and was thereafter awarded workers' compensation benefits for injuries to her neck, back, head, shoulder and knee. The employer raised an issue as to whether claimant violated Workers' Compensation Law § 114-a by failing to disclose that she was involved in a motor vehicle accident in 2007 and had thereafter complained of neck pain. Following a hearing, the Workers...

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