A Board Panel reversed the establishment of alleged neck, right arm, and back injuries, found a violation of Workers’ Compensation Law § 114-a, and resolved the disputed medical bills in favor of the carrier. The claimant had been at the worksite for only a little more than an hour on the first day of employment before leaving without notice and seeking emergency treatment.
LOIS Associate Ryan Wallace and Paralegal Samantha Barker developed the defense around objective evidence. Video from the loading dock where the injury allegedly occurred did not show an accident, and the claimant gave materially different accounts of the event during testimony and to medical providers. Although the New York Workers’ Compensation Law Judge initially established the claim, the LOIS team preserved the record and pursued administrative review.
On appeal, the Board Panel accepted the defense position. The result eliminated liability for the disputed injury sites and associated medical treatment while also obtaining a fraud finding. For employers and carriers, the matter demonstrates the value of preserving site video, testing every version of the alleged accident, and continuing the defense through appeal when the trial-level result is not supported by the record.
