LOIS Attorney Adam Lowenstein prevailed before the New York Workers’ Compensation Board in a case involving the defense of “lack of notice” to the employer. In the recent case, the claimant alleged injuries to the neck, right arm and right leg when he fell while getting down from an excavator while working as a project manager for a construction company.
Attorney Adam Lowenstein was successful in getting the claim disallowed on the issue of notice, despite no Independent Medical Examination was obtained on the issue of causal relationship as it was precluded, and despite the fact that the employer paid a hospital bill and Law Judge found that an accident did in fact occur. Law Judge agreed with the employer’s position and found that there was late notice based upon the gaps in treatment, the claimant leaving the state and failure to allow for a proper investigation. This was fleshed out during claimant and employer witness testimony. The claimant went to North Carolina as he did every winter, accepted a new job site with the employer, then failed to report allegedly due to his injury. Additionally, the claimant treated once at hospital a few weeks after injury and then again eight (8) months later.
