A claimant alleged a repetitive-trauma or occupational disease condition involving sites that overlapped with a recent slip-and-fall claim. Lois Law Firm Associate Yaqarah Letellier and Paralegal Alexandra Olina identified that treatment for the prior accident had occurred less than two weeks before treatment began for the new claim, even though the claimant asserted that the earlier injuries had resolved.
The team challenged both fraud and causal relationship. The treating physician admitted that prior medical records had not been reviewed, while a provider in the earlier claim had stated that the claimant had not reached Maximum Medical Improvement. The carrier’s independent medical opinion was also vulnerable because it addressed a specific traumatic event rather than the repetitive-trauma or occupational disease theory actually alleged. Attorney Letellier further preserved the need to place potentially responsible parties on notice before liability could be assigned.
After the New York Workers’ Compensation Law Judge found no credible medical opinion establishing causal relationship, Attorney Letellier used the procedural posture, expected appellate delay, and potential allocation issues to negotiate a nominal settlement. The result resolved the matter efficiently and limited uncertainty for the client without unnecessary additional litigation expense.
