Noah Pollack, member of the Construction Defense Team at LOIS, recently won a case where the claimant alleged being assaulted by another employee at work at night. The claimant had just met the co-worker on the day of the alleged assault. The claimant had filed a police report, and the co-worker had actually been charged with assault. There were hospital records from the claimant from the morning after the assault.
To win this case, we contacted the co-worker, who denied everything. It ended up being a he said-he said, with the weight of the record tilting toward the claimant. But we were able to secure a disallowance of the claim because we subpoenaed prior treatment records, which involved one of the alleged sites of injury.
The claimant had not been so forthcoming regarding the prior treatment (which was very close to the alleged assault), and we were able to use that to argue against the claimant’s credibility, and the Law Judge ended up finding the co-worker was more credible because of that, and the claim was disallowed. This was upheld by the Board.
- CASE: BG v. Construction Entity
- CLIENT: Construction OCIP
- DATE OF DECISION: June 19, 2019
- LOIS ATTORNEY: Noah Pollack