Jones Jones LLC is pleased to announce that Partner Samantha Sharpe recently secured a favorable decision before the New York State Workers’ Compensation Board on behalf of a self-insured big box store.
Samantha successfully secured a disallowance of the workers’ compensation (WC) case following an initial Reserved Decision by the Law Judge. The plaintiff originally signed Form C-3 (Employee Claim) contending injuries to the back, left hip and right hip while lifting heavy materials at work. Both the plaintiff’s doctor and the independent medical examiner (IME) found a causal relationship between the back injury and the work incident. Samantha argued that the case must be disallowed as the treating doctor’s testimony was not credible to support a causally related work accident or occupational disease.
Throughout this case Samantha conducted a thorough review and questioning of all witnesses on what was alleged on the C-3 as the mechanism of injury (i.e., accident vs. repetitive stress injury). Upon completion of the review and questioning, Samantha directed cross-examination of the claimant and doctors to the mechanism of injury. In this case both the treating doctor and IME conceded causal relationship, however it is important to note that a case should not always be established when an IME concedes causal relationship. In this instance, the IME’s concession was based on an inaccurate description of how the injury occurred reported to him by the claimant. The thorough questioning and direction of the cross-examination helped showcase that the doctor’s testimony was not credible and led to the disallowance of the case.
Congratulations Samantha. If you have a case similar to this claim and are in need of assistance, please connect with our appellate team today at clientservices@jonesjonesllc.com!
