We are excited to announce a major win secured by Jones Jones LLC Associate Lauren Camo. This win showcases:
- Our aggressive approach to denied claims;
- The importance of our developing a timeline for COVID-19 claims; and
- Targeted testimony of the claimant and employer lay witness in order to develop the timeline of COVID-19 exposure, or lack thereof
Attorney Lauren Camo recently litigated an allegation of a COVID-19 work exposure. The case involved a claimant who was employed as a cleaner for a community college. The claimant alleged he became symptomatic on April 15, 2020; and thereafter obtained a positive COVID-19 test four days later.
Upon cross-examination of the claimant, Attorney Camo discovered that the claimant began to feel symptomatic three days prior to his wife, whom he lived with at home. Both the claimant and his wife tested on the same date and both ultimately obtained a positive result. The claimant continued to testify that his supervisor was also positive for COVID-19. However, Attorney Camo was able to secure a lay witness who testified that the claimant’s supervisor tested positive prior to the 14 day period that the claimant developed symptoms. In fact, the employer witness testified that the claimant last worked with this supervisor on March 20, 2020, well outside the widely accepted incubation period for COVID-19.
Further, the Jones Jones LLC team was able to elicit concessions from the claimant’s treating doctor that there was no history of work exposure so therefore any exposure would have to occur during the fourteen days prior to claimant’s development of symptoms. Due to the concessions elicited during lay and medical testimony, as well as the focus on details and dates of COVID-19 exposure and testing, Attorney Camo was able to lay out a timeline to the Law Judge that led to a finding that the claim must be disallowed in its entirety. This successful litigation was secured by aggressive and thoughtful preparation of targeted cross-examination and review of facts and timeline.
Please reach out to Jones Jones LLC today at clientservices@jonesjonesllc.