A New York appeals court Thursday upheld workers compensation benefits for a retail assistant manager, finding that surveillance footage supported her account of a workplace accident and did not support the insurer’s contention that she intentionally injured herself.
A unanimous five-judge panel of the Appellate Division’s Third Department affirmed a Workers’ Compensation Board decision awarding benefits for foot and knee injuries in Rosario v. The William Carter Co.
Gisell Rosario was scanning newly delivered boxes of merchandise at a Queens retail store on Dec. 11, 2023, when she dropped a box that struck her lower left leg, according to the Sept. 17 ruling. She reported the incident and sought treatment that day for left foot pain, followed by treatment a few days later for left knee pain…