LOIS Associate Scott A. Grossman and Paralegal Brenna O’Brien secured a disallowance in a New York Workers’ Compensation claim related to an initially alleged inguinal hernia. The allegation later changed to a hernia at another date due to lifting large bins. The change of date was due to a medical record, indicating that the Claimant felt pain in his groin a few weeks prior. Attorney Grossman impleaded another employer, who was referenced in the medical record, and requested for the testimony of the Claimant’s doctor and surgeon on the issue of causal relationship. The deposition testimony of the Claimant’s doctor confirmed that the Claimant did not have a hernia at that time, nor could he confirm that the Claimant’s hernia had anything to do with work. The Claimant’s surgeon failed to appear for both of his subpoenaed depositions and was precluded.
In addition, Attorney Grossman subpoenaed the hospital records, complete treatment records, surgical records, and private health insurance records. The Claimant’s records from April 2024 confirmed that the nature of his groin pain at that time was not due to a hernia. The hospital records gave a history that the Claimant woke up feeling fine but then developed a sudden onset of left lower abdominal pain radiating to the groin. It would later be revealed that the sudden onset of pain occurred while he was driving to work that morning. He never clocked in or otherwise started any work activities. The surgeon’s records never recorded a work-related injury. The Claimant’s private insurance confirmed that it paid for all the Claimant’s treatment.
At trial, Attorney Grossman cross-examined the Claimant, and the Claimant had no choice but to admit to the truth of the contents of his medical and health insurance records. His attempts to state his pain was due to lifting at work were belied by his medical and insurance records. Grossman also had the Claimant admit that he never reported and work-related incident or pain to anyone at either of his workplaces. The employer-witness confirmed that the Claimant never reported any work-related incidents or pain involving his groin. Following Attorney Grossman’s summations, the Law Judge disallowed the claim for the Claimant’s failure to demonstrate a causal relationship between his hernia and work-related activities.
