LOIS Prevails Before Board Panel In Disallowed Claim

LOIS obtained a trial win disallowing a claim for post-concussion syndrome and memory loss was affirmed by the Board Panel. After an independent medical examination disputed causal relationship, Partner Christian Sison cross-examined the treating doctor, securing valuable concessions. The treating doctor ultimately admitted that diagnostic testing were not correlative with the claimant’s subjective complaints.

At trial, the Law Judge sided with the defense’s arguments. The claimant appealed to the Board Panel and Full Board, but was denied on both occasions. After reviewing briefs from both sides, the Board Panel ruled that the claimant did not present sufficient or accurate evidence to warrant a reopening of the claim and penalized the claimant’s new attorneys for instituting a proceeding without reasonable ground, pursuant to New York Workers’ Compensation Law, Section 114-a(3).