LOIS Uncovers Extreme Medical Concealment Case, Resulting in Disallowance

LOIS Associate Bradley Haymes obtained a disallowance in a New York Workers’ Compensation claim pertaining to an alleged foot-stabbing injury and toe amputations. The Claimant was a picker of industrial waste at a recycling plant, alleging that a piece of metal went through his shoe and stabbed his great toe. He had a toe infection so severe that the toe had to be amputated two weeks after the alleged date of accident. The infection continued to spread, resulting in a second toe amputation. The Claimant testified that a large wire from a piece of a car went through his foot, resulting in these amputations. However, a review of his initial medical report revealed that he told his doctors that he had popped a blister with a nail, which then became infected. Self-administered, medically-fringe home remedies (including “dragon’s blood”) were utilized by the Claimant to treat the open wound. At trial, the Claimant’s testimony was inconsistent that when asked for confirmation on the date of loss, he changed the day and month of the injury. The Law Judge agreed with Haymes that the Claimant popping his blister, coupled with his diabetes and other medical conditions, explained the alleged injury rather than a wire cut to the foot. The Law Judge also agreed that no pictures or proof were presented to help establish the claim. The Law Judge agreed with Haymes and concluded that the accident and causal relationship were not sufficiently established, disallowing the case.