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WINNING RESULTS: LOIS Attorney Steve McLinden Prevails On Exclusion of Claims in New York

LOIS attorney, Steve McLinden, recently obtained a disallowance of three additional sites in an established claim, which should drastically curtail exposure on a claim that may resolve on a schedule loss of use award comparable to prior payments. This is a claim in which the claimant reportedly tripped in a living space in May 2020 and injured her right shoulder. Our client requested we open a file shortly before a January 2022 hearing, at which the claimant raised the head, neck, and back. Our client then obtained a neurology IME as well as a records review, which each found no causal relation to the additional sites. A total of five doctors were deposed at the law judge’s direction on the additional sites.

When the matter returned, we maintained that the burden of proof for the additional sites were not met, especially as there were at least four reports from May-October 2020 in which the claimant did not complain of the other sites and demonstrated full range of motion. The claimant made a long list of complaints on the C-3 filed several months after the accident, at which point the mechanism of injury described to her doctors began to evolve.

The Law Judge agreed with our argument that the contemporaneous medical evidence did not provide substantial evidence to additional sites of injury. The claimant had made a sizable demand based on an expectation that the sites would be established, and we are presently working to settle the claim for a fraction of the initial demand.

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We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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