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.