Workers' Compensation Claim Disallowed for Additional Injuries
Case Study

Workers' Compensation Claim Disallowed for Additional Injuries

The New York State Workers’ Compensation Board has disallowed an employee’s claims for additional injuries to be included in a past claim against a multinational retail corporation.

This matter stems from an established claim regarding a previous lower-back injury that occurred in 2016. Over three years later, in January 2019, the claimant alleged additional injuries and produced prima facie medical evidence in support of her contention that this claim should be amended to include injuries to her right knee and right leg chronic regional pain syndrome (CRPS).

Goldberg Segalla special counsel Andrew R. Arbeit, a member of the firm’s Workers’ Compensation team, handled the case with assistance from partner Susan Biggins Owens and associate Kimberly Sierra. Andrew obtained an independent medical examination that disagreed with the diagnoses from the plaintiff’s doctors, finding that the injuries were not related to the established back claim. Depositions were directed and he used this evidence to argue that our client shouldn’t be liable for these additional sites of injury.

On October 29, 2019, the judge, Geoffrey F. Wilk, agreed, effectively removing our client from past and future medical expenses and indemnity benefits related to the CRPS. The claimant did not file for appeal.

MORE ABOUT GOLDBERG SEGALLA’S WORKERS’ COMPENSATION PRACTICE GROUP

The mission of Goldberg Segalla’s Workers’ Compensation practice group is to achieve significant and sustainable reductions to the overall expense of each client’s workers’ compensation program. The firm’s commitment to this mission—and its success in efficient file-handling as well as long-range strategic risk-management—has earned it a national reputation for exceeding its clients’ expectations and driving positive change in the practice of workers’ compensation law.