Winning Results
LOIS Disallows Claim Despite Two-Year Delay and Unauthorized Surgery
LOIS Senior Associate Adam J. Lowenstein secured a disallowance in a New York Workers’ Compensation claim, affecting the Claimant’s third-party action. The Claimant alleged tripping and falling over debris, injuring the neck, back, left shoulder, right knee, and right leg. The Employer advised that they had no record of any incident and that no accident report was filed and in addition; in fact, the Claimant was terminated on the same day for poor performance after only working for the employer for two weeks. Lowenstein demanded that the Claimant produce the initial hospital records before proceeding with a trial, and the Law Judge directed that the initial records were necessary in order to move forward. The Claimant then did not pursue the claim or produce the records for almost 2 years.
