LOIS Partner Christian Sison and Paralegal Brianna Nicolas were asked to handle a case, A.A. v H.S.C. LLC, wherein the claimant filed a claim for benefits 1 year after the accident occurred and sought medical treatment 2 years thereafter. In a pre-hearing conference, the Judge precluded the Employer and Carrier from producing certain types of evidence. Although LOIS appealed that decision, Christian and Brianna were undeterred in their efforts to defend the claim.
Brianna specifically uncovered a 2004 surgery in a 350-page employment personnel file. Christian then cross-examined the claimant about the circumstances of this procedure, building an effective timeline of what the claimant chose to do and chose not to do in the immediate aftermath of the accident. Despite not having lay witnesses or expert witnesses to support the compensability position, Christian and Brianna’s work convinced the trial Judge that the claimant lacked any credibility in testifying to an alleged accident that occurred in 2016.