
In 2009, Amy Willard fell off a milk truck and received workers' compensation benefits for injuries (sustained to her neck, back, head, shoulder, and knee).
When her employer (O-At-Ka Milk Products Cooperative) challenged that award--claiming that Amy had failed to disclose neck injuries suffered in a 2007 car accident--the Workers' Compensation Board still sided with the woman.
Apparently, during her medical exam, Amy was only asked about "prior surgeries," and didn't recall being asked about "prior neck problems." Absent evidence that she knowingly misrepresented or misstated the facts, the Appellate Division, Third Department, left the outcome undisturbed.
They likely cried over that one.
To view a copy of the Appellate Division's decision, please use this link: Matter of Willard v. O-At-Ka Milk Prods. Coop.