LOIS Underscores Contradictory Allegations to Secure Disallowance

LOIS Associate Zaraya Wade secured a victory by successfully arguing against the Claimant’s credibility. The Claimant alleged injuries to the back, left hip, left knee, left foot, and left ankle after making a delivery on Atlantic Avenue in front of the Barclays Center. The Law Judge proceeded the case only for an injury to the left leg, as that was the only site that was found to have sufficient prima facie medical evidence. At trial, Ms. Wade highlighted that the Claimant’s medical records reported different mechanisms of injuries to different medical providers. Wade argued that the Claimant inconsistently testified to his initial causally related treatment date, as well. Ms. Wade then pointed out that despite the Claimant’s denial of prior injuries to the left leg on his Employee Claim Form and to the IME doctor, it was revealed that the Claimant pursued prior left leg treatment including x-rays and an arthritis diagnosis a year before the alleged accident, as well as physical therapy five years before. Ms. Wade further demonstrated that notice of a work accident was not provided to the Employer. Using supporting text messages and employer witness testimony, Ms. Wade was able to prove that the Claimant retired for an unrelated medical reason (a seizure) and then filed this instant Workers’ Compensation claim. In conclusion, the Judge did not credit the Claimant’s testimony on accident, notice, treatment, and prior accidents and injuries, given the inconsistencies between the documentary evidence and trial and deposition testimonies. The claim was disallowed and closed.