LOIS Partner Connor Wetherington and Paralegal Chrystalla Karamanis obtained a full disallowance at the trial level, securing a win for their employer-client (a Premium Quality Department Store company) in a New York Workers’ Compensation claim. The Claimant alleged she was injured while pushing a cart when a door swung back from co-worker walking ahead of her, which caused the cart to strike her right knee.
During the initial investigation of the medical evidence, it was evident there were numerous inconsistencies as to how the alleged injury occurred and when it occurred. In total, there were four (4) different variations as to how the injury occurred. When speaking to employer-witnesses, Ms. Karamanis was able to ascertain that the alleged injury was never reported, creating an additional WCL Section 18 notice defense. Then, during the deposition of the doctor who provided the prima facie medical evidence in question, Wetherington obtained the key concession that the doctor could not say the alleged injury was causally related within a reasonable degree of medical certainty.
Over the course of multiple trials, Wetherington successfully undermined the Claimant’s credibility as she was unable to corroborate her own alleged versions of events. The employer-witnesses also confirmed the Claimant never reported the alleged injury. Ultimately, the Law Judge disallowed the claim and found that the Claimant did not have an accident within the course and scope of employment due to medical records being inconsistent with the Claimant’s testimony.
