Jones Jones extends a well-deserved congratulations to Jones Jones LLC Associate Michelle Nagesar and her team on succeeding in disallowing a recent case before the New York State Workers’ Compensation Board.
In this case, a paramedic transporter alleged an injury to their knee after their ambulance was involved in a traffic accident. While the claimant had a history of knee pain, internal footage showed the claimant did not appear to be injured in this incident. In the internal video footage, the claimant’s knee did not come into contact with any surface during the accident, and they did not appear to be in any kind of immediate pain.
Previously, prima facie medical evidence, or first impression medical evidence, was introduced supporting the claim. However, Nagesar and her team produced an additional independent medical examination (IME) which found the claimant’s knee to be casually related, but merely an aggravation from the prior injury. Nagesar and her team argued that this claim should be disallowed in its entirety as the record contained conflicting histories regarding the mechanism of injury. The claimant’s treating physician testified that the claimant’s injuries upon examination were similar to the claimant’s injuries prior to the date of accident, and that the claimant’s testimony was not credible.
Due to these arguments, the IMA and claimant waiving their right to depose the IMA, the law judge agreed with Nagesar’s team and disallowed the case.
Nagesar and her team closely examined and deftly rebutted the prima facie evidence in this case and secured a disallowance due to their attention to detail. If you are in need of assistance with a workers’ compensation case, please contact our appellate team at clientservices@jonesjonesllc.com.