LOIS Dismisses Consequential Injury in 9-Year Case

LOIS Associate Bradley Haymes secured a disallowance to a consequential neck injury in a New York Workers’ Compensation case. The 2016 claim was initially established for a low back injury, and Haymes had moved to litigate permanency after obtaining an Independent Medical Examination which found maximum medical improvement. The finding of prima facie medical evidence prevented the case from being adjudicated on permanency. On cross-examination of the Claimant’s doctor, the doctor conceded that he never examined the Claimant’s neck, could not provide a medical opinion on the neck, and when he did see the Claimant, he presented no neck complaints. Haymes argued that the consequential neck should be disallowed and that the claim be decided on permanency. The Law Judge disallowed the additional site not only based on the doctor’s concessions, but also another doctor only diagnosing neck pain and a nurse practitioner who found causal relationship but failed to provide an actual examination of the neck in her reporting. The claim finally moved toward permanency, limiting the Carrier’s continued exposure.