LOIS Associate Tomer Lehr and LOIS Paralegal Elizabeth David secured a nominal settlement in a New York Workers’ Compensation claim that involves a controverted knee claim. The attorney-paralegal team joined efforts to uncover hospital records, showing claimant had slipped in the shower the day before the alleged work accident and by identifying the inconsistencies between claimant’s workers’ compensation claim and an unrelated FMLA leave. Despite the claim initially appearing dormant, claimant’s counsel sought further action for establishment and lost time benefits, prompting a hearing where Attorney Lehr raised both lack of causality and potential fraud.
Although the Law Judge ordered further development of the record and IME conceded causality, Attorney Lehr highlighted some significant credibility issues in detailed written summations; as such, before the oral arguments, claimant accepted a nominal settlement, resolving the matter in favorable terms. As a result of this favorable outcome, LOIS significantly mitigated exposure of the Carrier.
