A rural mail carrier alleged injuries to the head, neck, chest, and left shoulder after a low-speed vehicle incident during poor weather. From the pre-hearing conference forward, LOIS Senior Associate Olivia Barna and Paralegal Rida Khan preserved all defenses, identified the employer witnesses, reserved medical cross-examination and independent medical examination rights, and successfully opposed the claimant’s attempt to add witnesses who had not been disclosed in the required pre-hearing statement.
At trial, the claimant’s account changed in material ways. He described minimal vehicle damage, no police report, no photographs, and no eyewitnesses. An employer witness testified that the claimant had called before arriving for work and initially claimed that the vehicle had flipped six or seven times, then changed the account to say it had risen onto two wheels. Employer policy also required photographs when weather prevented deliveries, but none were provided. A second employer witness supplied additional context.
The New York Workers’ Compensation Law Judge found the claimant not credible and concluded that the alleged mechanism of injury was illogical. The entire claim was disallowed. The result shows how early procedural discipline, careful witness development, and creative comparison of the claimant’s versions can defeat a claim that is not supported by objective facts.
