Jones Jones LLC is pleased to share that Associate Diandra Archibald led a successful appeal before the New York State Workers’ Compensation Board (NYSWCB) alongside her team.
The Administrative Law Judge initially ruled in favor of the claimant in a shoulder injury claim, stating Archibald and her team waived their opportunity to cross-examine the claimant’s treating doctors. Given the claimant’s inability to recall their supervisor’s name and an incomplete filling of the C-3 form, the Jones Jones team requested to substitute a lay witness. This request was denied.
Archibald diligently contested the Judge’s denials, ensuring any objections were formally documented and thoroughly explained. Upon appeal, Archibald effectively reiterated all arguments, supported by relevant case law and thorough analysis. The Board Panel ultimately sided with Archibald and returned the matter to the calendar for further development. After nearly two years of litigation, the claim was disallowed. In securing this victory, Archibald saved the carrier approximately $70,000 in indemnity payments, potential schedule loss of use (SLU)awards, as well as potential medical treatment costs, as the claimant had been out of work for more than one year.
Congratulations to Archibald and her entire team. If you are in need of assistance with a workers’ compensation case, please contact our appellate team at clientservices@jonesjonesllc.com.
