Markhoff & Mittman Blog

Presumptions Only Go So Far

Recently, the Appellate Court ruled against Peter D. Pappas who claimed he injured his neck while working.  No one else witnessed the incident.  When this occurs the claimint is legally presumed to be providing a truthful account of the event.  However, when you cannot belive the claimant’s testimony and you can believe the testimony of the employer’s witnesses, there is enough evidence to overcome the presumptions.  This is what occurred in the following case:

Pappas v. State University of New York at Binghamton

Before filing a claim Mr. Pappas told several co-workers that his injuries were non- work related, which led to his claim being rejected.