LOIS Senior Associate Kristine Rosales and Paralegal Andrea Hayles successfully obtained a disallowance in a New York Workers’ Compensation claim that involved a medical practitioner who alleged multiple site occupational disease stemming from repetitive work for over a decade. Through effective cross-examination, claimant conceded to several prior claims, inconsistent job duties, assistance from coworkers, use of hydraulic equipment, and that she initially described her condition as “wear and tear”. She also conceded that her initial medical report did not attribute her symptoms to work, and that causality was only found months after filing the claim.
Attorney Rosales presented an employer witness, who confirmed that the claimant never reported work-related multiple-site injuries, and contradicted claimant’s account of job demands, further establishing that claimant’s lost of time was due to a later traumatic accident, rather than an occupational disease. After reviewing the full record, the Law Judge adopted the position of Attorney Rosales and disallowed the claim; thereby, relieving the Carrier of all medical and indemnity liability.
