Date of Disablement Puts Exposure Outside of Client’s Coverage

LOIS succeeded in getting a claim disallowed against a carrier arguing that based upon the claimant’s testimony at trial and the medical evidence contained in the record, the claimant’s date of disablement should be set by the court outside of the coverage period of our client’s insurance policy. The claimant, who worked as a printer for a prestigious New York City photographer, filed an occupational disease claim arguing that he had suffered injuries to his neck as a result of his years of working as a printer. There were three (3) potential liable carriers associated with the claim and each carrier argued that, if the claim were to be established, the claimant’s date of disablement should be set in the other carriers’ coverage period. Attorney Joseph Melchionne aggressively argued at trial that based upon the medical evidence and the claimant’s testimony at trial with respect to the onset of his symptoms and the schedule of his medical treatment, that the claimant’s date of disablement fell outside of our client’s coverage period. The court was persuaded by Melchionne’s arguments and disallowed the claim.