LOIS Obtains a Disallowance for an Occupational Disease Wrist Claim

LOIS Senior Associate Olivia Barna obtained a disallowance in a New York Workers’ Compensation occupational disease claim. The Claimant alleged bilateral carpal tunnel syndrome and injuries to both wrists after repetitive use due to his job duties. Despite Barna’s development of the record, the Law Judge established the occupational disease claim for bilateral carpel tunnel syndrome and to the bilateral wrists. Barna appealed, arguing that the Claimant’s doctor did not have a sufficient history of the Claimant’s job duties and therefore could not provide an adequate opinion on causal relationship. The Board Panel agreed, adopting Barna’s arguments: “The Board Panel finds that [the Claimant’s treating physician] did not possess adequate knowledge to opine on the issue of causal relationship, since his testimony conceded he [was] unaware what heavy objects the Claimant lifted or how much he lifted, or how much of the day he spent lifting objects, only that he drove a truck…We therefore find that the non-specific description of Claimant’s work activities and the failure to set forth credible evidence of the necessary recognizable link…compels the disallowance of the claim.” As a result, no medical treatment and no indemnity award will follow, eliminating the client’s exposure.

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LOIS Secures Fraud Finding Due To Claimant’s Symptom Magnification

LOIS Partner Christian Sison and LOIS Paralegal Taylor Rodriguez were successful in obtaining a fraud finding after a lengthy set of trials in a New York Workers’ Compensation case. The Claimant was a hotel housekeeper that requested wage replacement benefits after having worked for a long period of time. Given that the requested benefits coincided with the start of the 2023 summer season, covert surveillance was initiated.

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LOIS Wins Trial on Permanency Through Effective Cross-Examination

LOIS Associate Attorney Kristine Rosales won a contentious trial on the issue of permanency in a New York Workers’ Compensation case involving a right shoulder claim. The Claimant’s treating doctor assessed a 30% SLU, while Carrier’s consultant opined 8%. Due to the differing opinions on SLU between the two doctors, depositions ensued. Attorney Rosales pressured the treating doctor on cross-examination and asked him to explain how he found a 20-degree substantial difference on Claimant’s extension from his last examination compared to his permanency report; the two examinations, after all, were performed only a few months apart.

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LOIS Attorney Brian Mooney Secures Disallowance of Occupational Disease Claim due to Claimant’s Prior Music Career

LOIS Associate Attorney Brian Mooney secured a disallowance of an occupational disease claim due to repetitive use of the hands. In this case, the Claimant alleged bilateral carpal tunnel syndrome and ulnar nerve entrapment from working for approximately two weeks at a grocery store. The Claimant alleged that his duties, which consisted of stocking and operating a cash register, led to the development of his condition. Mooney contested the claim from the outset and ordered a battery of investigations, including a social media canvass and covert surveillance.

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LOIS Uses Security Footage to Prove Claimant’s Deception, Obtains Fraud Finding

LOIS Senior Associate Matthew Schrieks and Paralegal Kayla Lisa recently secured a WCL Section 114-a violation and disallowance of claim pursuant to security video evidence secured of the underlying accident. The Claimant alleged injuries to his neck, back, bilateral knees, and left ankle as a result of being struck by a car while working as a valet driver. With the help of security video evidence obtained from the employer, Schrieks was successful in arguing that the Claimant’s description of the accident was categorically refuted by the video evidence and the alleged injuries could not have occurred as a result of the “accident.”

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LOIS Secures COVID-19 Disallowance due to Uncertainty in Claimant’s and Doctors’ Testimonies

LOIS Partner Declan Gourley and LOIS Paralegal Nicholas Fortino secured a disallowance in a New York Workers’ Compensation claim for COVID-19, where the Claimant alleged contracture at work. Through effective cross-examination of the Claimant, Gourley drew into question the Claimant’s allegations regarding her exposure to COVID-19 at work and the potential for exposure outside of the workplace.

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