LOIS Partner Connor Wetherington and Paralegal Chrystalla Karamanis obtained a disallowance at the trial level, securing a win for their employer-client (a warehouse style supermarket chain) in a New York Workers’ Compensation claim. The Claimant alleged injury after slipping and falling on a wet floor when walking to the deli section of the store. The alleged injuries were to the cervical spine; thoracic spine; lumbar spine; left shoulder; left wrist; and left hand. However, the internal CCTV video from the Employer shows the Claimant walking to deli prep area; walking through the half-door; coming back out of the half-door and crouches down; and then moving out of the way due to co-worker pushing a cheese cart.
Based on the video evidence, Wetherington focused his cross-examination on highlighting the inconsistencies of the Claimant’s version of events when compared to the video. The Claimant testified that she slipped on a wet spot and then pushed herself forward and got hooked on the door because she believed that she was going to fall backwards. Despite all medicals records indicating a translator was present, the Claimant could not explain why one doctor noted that the Claimant tripped and struck the door with their left hand, while another doctor noted the Claimant fell backwards after slipping on water and held onto the door. Furthermore, the employer-witness, who was the co-worker in the video pushing the cheese cart, confirmed the Claimant did not slip and fall as alleged.
Ultimately, the Law Judge found the Claimant failed to provide credible testimony to support a compensable injury. In support of this ruling, the Law Judge relied on the conflicting mechanisms of injury contained in the medical records and video evidence, which did not align with the Claimant’s story. As such, the Law Judge ruled there was no accident within the course and scope of employment and disallowed the claim in its entirety.
