Attorney Anthony Iler successfully obtained a complete disallowance at trial despite the presence of an IME conceding causal relationship for injuries to the neck, back, left wrist and left ankle. The claimant alleged he was injured at a construction site in February of 2021. LOIS initially raised all available defenses and argued that the claimant was the employee of a demolition sub-contractor rather than its insured client. Further investigation revealed substantial “red flags” pointing to the fact that no accident actually occurred.
At the time of trial, extensive cross examination of the claimant was conducted. Mr. Iler then argued that the claim must be disallowed in its entirety. In support of this position, it was noted that the claimant had just returned to work days before the alleged accident after a four year gap in employment. This gap was said to be related to a prior claim. In fact, the claimant presented for an independent medical examination relating to the prior claim just days after the alleged accident date in this matter. At that time, he completed an IME questionnaire denying any subsequent accidents.
Mr. Iler requested that the claim be disallowed in its entirety. Alternatively, WCL 114-a was raised based on material misstatements made by the claimant and the purposeful concealment of damaging evidence. The claimant had produced a copy of a text message to show that notice of an injury was provided to the employer. However, when directed to produce the message that immediately preceded that message; it became apparent that the claimant simply thanked the employer for the opportunity but indicated he would not be returning. No reference was made to an injury of any kind in the communication.
Following summations by the parties, the Law Judge disallowed the claim entirely on the basis that claimant lacked credibility and sufficient evidence existed that the entire occurrence was fabricated.
