In an established right-knee claim, the claimant sought to add consequential injuries to the right foot and lower back based on an alleged altered gait. LOIS Associate Chris Xyloportas and Paralegal Chrystalla Karamanis developed the defense through an independent medical examination, detailed medical-record review, and depositions of two treating physicians.
The treating physicians conceded that they lacked important information about prior injuries, imaging, treatment, and surgeries involving the same claimed sites. The LOIS team also highlighted the absence of objective pathology on right-foot magnetic resonance imaging, the lack of persuasive evidence documenting an altered gait, and the mismatch between the asserted biomechanics and the conditions being claimed.
The New York Workers’ Compensation Law Judge found that the mechanism, medical record, and credibility concerns supported disallowance of both additional sites. The decision prevented an established knee claim from expanding into unrelated foot and back exposure and shows the value of testing a consequential-injury theory against the complete medical history and objective findings.
