Skilled defense work by Goldberg Segalla partner Katiana V.R. Sibley secured the disallowance of a Workers’ Compensation claim, despite encountering multiple obstacles during a recent trial.

The claimant was a sales representative who alleged bilateral knee and hip pain. The Independent Medical Examination doctor conceded causal relationship, thus creating a significant litigation hurdle.

Nonetheless, Katiana — a Manhattan-based partner in the firm’s Workers’ Comp practice group — caught conflicting mechanisms of injury throughout the medical records, in addition to the existence of prior injuries.

Katiana moved to depose the treating doctor and succeeded in securing a major concession of no causal relationship. Meanwhile, though there was no employer witness available to testify, Katiana’s cross examination of the claimant sufficiently highlighted his inconsistencies and lack of disclosures to the IME doctor.

Katiana argued for the Workers’ Compensation Law Judge presiding over the case to draw negative inferences from the claimant’s evasive testimony and refusal to answer many questions.

The law judge agreed and disallowed the claim, ultimately finding that the claimant failed to meet his burden of producing competent medical evidence.

Katiana’s victory is a testament to her tenacious and thorough cross examination and advocacy skills — qualities that embody Goldberg Segalla’s commitment to top-notch client representation and service.