In Matter of Pappas v SUNY Binghamton , Peter Pappas was allegedly injured while working at SUNY Binghamton .
Although he supposedly suffered damage to his neck and left arm, Pappas was unable to recall how those injuries occurred. He also claimed to have reported the accident to a supervisor or a coworker, but neither recalled Pappas indicating he had hurt his neck or arm while working at the site. In fact, another supervisor testified he remembered Pappas telling him his arm and neck pain were an ongoing problem.
When the Workers' Compensation Board (WCB) denied Pappas's claim, he appealed to the Appellate Division, Third Department.
In view of the "significant discrepancies," and after giving due deference to the WCB 's "credibility determinations and resolution of conflicting evidence," the AD3 found the outcome legally supportable and refused to disturb it on appeal.
This Pappas wasn't glad to be unhappy .
To download a copy of the Appellate Division's decision, please use this link: Matter of Pappas v SUNY Binghamton