Reversal of Prior Counsel’s Trial Loss in High Exposure Case

LOIS won on appeal in a case that was initially established for a severe head injury and traumatic brain injury (TBI) at trial when handled by another defense firm. At trial, the claimant argued that he was struck by a car on his way back to the restaurant where he was working following his final delivery of the night. The potential exposure on the claim was so great that when the prior defense firm did not recommend appealing the Board’s establishment of the claim, by informing the carrier that there was little likelihood that the decision would be overturned on appeal, the carrier referred the claim to Lois Law Firm to draft the appeal. On appeal, it was argued that a review of the police report and other documentary and testimonial evidence produced at trial rendered the claimant’s recitation of the facts impossible, and as such, the decision should be reversed, and the claim disallowed. In a unanimous Memorandum of Board Panel Decision, the Board Panel agreed with the arguments made on appeal, reversed the decision establishing the claim, and disallowed the claim in its entirety.