Winning Results

LOIS Secures COVID-19 Disallowance due to Uncertainty in Claimant’s and Doctors’ Testimonies

LOIS Partner Declan Gourley and LOIS Paralegal Nicholas Fortino secured a disallowance in a New York Workers’ Compensation claim for COVID-19, where the Claimant alleged contracture at work. Through effective cross-examination of the Claimant, Gourley drew into question the Claimant’s allegations regarding her exposure to COVID-19 at work and the potential for exposure outside of the workplace. Additionally, through cross-examination of the multiple treating providers, it was clear that while the Claimant had alleged exposure at work, none of the medical providers had an opinion regarding where the Claimant actually contracted COVID-19. By way of a Reserved Decision, the Law Judge ruled that the record did not establish a prevalence of the virus in the Claimant’s workplace at the alleged time of exposure and that the Claimant’s own medical providers expressed uncertainty during testimony – not only as to how the Claimant contracted the virus, but when the Claimant contracted the virus. The Law Judge further substantiated the disallowance based on the risk factors for exposure to COVID-19 outside of the workplace that was drawn out during Claimant’s testimony, including the fact the Claimant traveled via public transportation to work daily. This claim had the potential for significant indemnity and medical exposure, since the Claimant has remained out of work alleging total disability since May 2022.

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!