LOIS Disallows New York Case with Concurrent New Jersey Jurisdiction

LOIS Associate Natalie Caron secured a favorable finding in a New York Workers’ Compensation matter. The Claimant lives in New Jersey, and the Employer is located in New Jersey; the injury occurred while working in New York. The Claimant brought a Workers’ Compensation case in both New York and New Jersey; the New York claim was accepted and established to the left wrist and bilateral knees. Following that hearing, the issue of jurisdiction was subsequently raised. At the hearing, both the Claimant and Claimant’s counsel conceded that the only claim that was being pursued was solely in New Jersey. Accordingly, even though the case was already established in New York, Caron argued that the New York case should be disallowed based on the statements made on the record by the Claimant. The Law Judge agreed and disallowed and closed the case in its entirety, and neither the Claimant nor the Claimant’s counsel objected. As a result, the New York carrier is not liable for any indemnity or medical benefits.