Construction Worker Wage Loss Unrelated to Work Injury

In this claim which arose out of a construction injury, the claimant asserted he was entitled to lost time awards following his accident, and produced medical evidence assessing an ongoing total disability. Notwithstanding the claimant’s allegations and supporting medical evidence, we investigated the claim and secured witness testimony from his supervising foreman. This testimony, combined with our cross-examination of the claimant, persuaded the Law Judge at the New York Workers’ Compensation Board to find the claimant was terminated from his job for reasons unrelated to his work-related injuries and was therefore not entitled to any indemnity awards. The claimant appealed the decision, but the Board Panel affirmed. When awards are in play, it is important to explore all defenses and utilize any opening in defending the claim.