LOIS Dismisses Workplace Assault Claim

LOIS Associate Kyle Grabowski successfully had a New Jersey Workers’ Compensation case dismissed with no medical or permanency awards being paid. The claim resulted from an alleged workplace assault between two co-workers. Attorney Grabowski attempted to obtain a copy of the surveillance footage from the incident, but there was no saved copy. A motion for medical and temporary benefits was filed, containing a medical report for treatment and a copy of the police report. Upon investigation into the police report, it was revealed that it was not a complete copy and that there were missing pages. A subpoena was issued to the police department, and a full copy was obtained. After review of the police report, it patently stated that Petitioner was the aggressor and that the police officer viewed the incident from the owner’s cell phone. Attorney Grabowski then subpoenaed the police station again, except this time for the body camera footage. Upon receipt and review of the body camera footage, he confirmed that Petitioner was the aggressor of the altercation. Using all the evidence, Attorney Grabowski had the matter dismissed.