The claimant sought to establish a consequential right-knee injury based on overcompensation for an established left-knee condition after surgery. The carrier’s independent medical examiner had conceded consequential relationship, creating a significant challenge and potential exposure approaching $100,000 for a possible Schedule Loss of Use award and related treatment.
LOIS Associate Natalie Caron and Paralegal Andrew Minchella did not treat the unfavorable medical opinion as the end of the analysis. During cross-examination, the claimant admitted to unrelated falls while visiting family in Jamaica and acknowledged that those events had not been disclosed to the treating provider or the independent medical examiner. The record from the treating physician’s deposition confirmed that the physician had not been told about the subsequent falls.
In closing argument, Attorney Caron explained that the claimant still bore the burden of proving that the right-knee condition was a natural consequence of the established left-knee injury. The New York Workers’ Compensation Law Judge agreed and disallowed the consequential claim. The result reflects the professional discipline to evaluate the entire record—even when a defense medical opinion is unfavorable—and to present the case fairly, thoroughly, and effectively.
