LOIS Obtains Disallowance Despite WCL Section 25(2)(b) Finding

LOIS Associate Alexandra L. Yacyshyn obtained a disallowance in a New York Workers’ Compensation claim where certain defenses were found to have been waived per WCL Section 25(2)(b). The Claimant alleged that he slipped and fell while responding to a leak caused by a broken pipe when he had to break a hole in the wall to locate the leak. He alleged that he gave notice to his supervisor. Attorney Yacyshyn refuted that with employer-witness testimony as well as the maintenance logs provided which showed that the Claimant did not respond to any alleged leaks on the evening of the alleged accident. Yacyshyn highlighted that the Claimant was involved in a May 2023 motor vehicle accident six months before this one, involving overlapping injuries. One of the treating providers conceded on cross-examination, she argued, that he could not verify whether the Claimant’s low back herniations were related to this accident or the car accident. Yacyshyn then introduced into evidence various medical notes showing that the Claimant sought treatment for various unrelated medical conditions right before and after this accident, including for depression, chronic stress, and elevated blood pressure. At trial, the Claimant acknowledged missing time to address those conditions prior to this accident. Ultimately, the Law Judge determined the Claimant’s testimony was not credible and credited the testimony of the employer-witness. The Law Judge found that the Claimant was symptomatic in 2023 for an unrelated prior injury. Overall, the Law Judge determined that, despite the WCL Section 25(2)(b) finding, a disallowance was warranted in light of the Claimant’s treating physician lacking credibility and a lack of conflicting medical evidence.