201-880-7213

WINNING RESULTS: LOIS Obtains Disallowance of Consequential Injury by Noting Claimant’s Inconsistencies

LOIS attorney, Jeremy Janis, successfully argued for the disallowance of a consequential back claim for an established knee injury. Attorney Janis elicited testimony from the Claimant that he had pain to the back two weeks prior to the alleged consequential injury, which was pivotal in obtaining the disallowance. The Claimant had an accepted injury to the right knee after being up and down with product. The Claimant subsequently returned to work light duty and was set for surgery on his right knee. A few weeks prior to the scheduled surgery, the Claimant alleged a pain in his lower back, alleging that his right knee buckled as a result of the established injury, causing his back to jolt.

The Claimant’s testimony was taken and the Claimant testified that the injury took place while he was walking on a ramp. He conceded that he had been feeling pain in the back were two weeks prior. Once testimony. Once testimony was complete, attorney Janis argued that the Claimant’s testimony was incredible and that the record contains numerous contradictions as to the mechanism of injury. He pointed to one report noted that the Claimant fell on stairs. Attorney Janis noted that the history provided to the IME was inconsistent compared to the medical record and the Claimant’s testimony. Attorney Janis further argued that the Claimant’s testimony was inconsistent with regard to prior injury to the back, seeking for a disallowance.

The Law Judge ultimately noted the inconsistencies cites by Attorney Janis as a basis for the disallowance. As a result of the favorable outcome, the Claimant is not entitled to the treatment to the back and exposure remains limited to schedule loss of use aware.

Download the New York Workers’ Compensation Law Handbook

Download Our New York Workers’ Compensation Law Handbook

The 2023 edition of Gregory Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

Download Now

Learn More About New York Workers’ Compensation Defense at LOIS

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

Learn More

Get articles delivered to your inbox, once a month.

Subscribe Today!