LOIS Secures Four Interrelated Disallowances

LOIS Associate Kristine Rosales and Lois Paralegal Andrea Hayles successfully secured multiple disallowances in four related New York Workers’ Compensation claims. The lead claim involved a traumatic injury to the left hand; the first associated claim involved an occupational disease to the bilateral carpal tunnel syndrome; the second associated claim involved a motor vehicle accident to the right arm, right hand, and left hip; and the third associated claim involved the left hand and left arm. Attorney Rosales moved for a disallowance and argued that the contemporaneous medical evidence did not mention the accident of record and noted that the Claimant denied trauma and with no diagnoses to the left hand when she first treated. Rosales also argued that the Claimant’s hand specialist conceded that he did not review all of the medical documentation. Lastly, Attorney Rosales requested for a negative inference, as one of the treating physician’s did not appear at the scheduled deposition and as the Claimant failed to produce medical reports from her treating doctor and hand specialist despite judicial directive. The Law Judge agreed with Attorney Rosales’s position and disallowed the claim. As a result of the favorable outcome, the Carrier is not liable for any incurred bills or any indemnity benefits related to the claims.