Winning Results
LOIS Secures a Disallowance, Highlighting the Delayed Reporting and Failure to Establish Causation
LOIS Senior Associate Olivia Barna and Paralegal Rida Khan successfully secures a disallowance in a New York Workers’ Compensation claim. This is an established claim to the neck, back, and left shoulder following a trip and fall accident. Approximately a year and a half from the accident of record, Claimant sought to amend the claim to include the right shoulder, which Carrier controverted. Attorney Barna requested development of the record and strategically declined to obtain an IME to avoid potential concession on causal relationship. During deposition, the PFME doctor conceded he examined Claimant only once, lacked knowledge of her job duties, reviewed no prior medical records, relied solely on Claimant’s subjective history, and could not definitively relate the right shoulder condition to the work accident.
