LOIS Senior Associate Anthony Iler and Paralegal Rasheen Russell secured a complete disallowance in a New York Workers’ Compensation claim where the Carrier’s IME initially conceded causal relationship. The claim, filed days after the claimant’s unrelated termination, was denied due to conflicting information about the alleged injuries. Although PFME was found for multiple body sites and IME supported concession, Attorney Iler obtained extensive treatment revealing that the claimant had taken over a month of pre-planned out-of-state travel during her employment and had requested significant schedule reductions for childcare needs. Personnel records verified these facts, contradicting the claimant’s narrative of work-related disability.
At trial, claimant attempted to attribute lost time and reduced hours to her alleged injuries, denying the long period of personal travel and ignoring documented scheduling requests. Attorney Iler presented employer witness, who authenticated records that directly undermined claimant’s testimony and testified that claimant’s termination stemmed from her unavailability, not any injury. Persuaded by Attorney Iler’s arguments, the Law Judge found that both the treating doctor and the IME had relied on the claimant’s misrepresentations regarding her job duties, symptom onset, and injuries. With no credible evidence linking her conditions to her work, the claim was fully disallowed, and the Decision was later on affirmed by a Board Panel Memorandum. As a result of this favorable outcome, the Carrier is not liable for any incurred bills or any indemnity benefits associated with the disallowed claim.
