Congratulations to Brian Schaedler on an outstanding result!
Hamberger & Weiss LLP is proud to highlight a recent favorable decision secured by Brian on behalf of a self-insured employer in a disputed reduced earnings claim.
At issue was whether the claimant’s reduced work schedule and resulting loss of earnings was medically necessary and causally related to the established work injury. Through skilled cross-examination of the treating physician, Brian was able to convince the Workers’ Compensation Law Judge that there was no rational basis to restrict the claimant’s work hours. Following depositions, briefing, and oral argument, the Law Judge credited the employer’s independent medical examiner and found no need for a causally related restriction on the claimant’s work hours. As a result, the claim for reduced earnings benefits was denied.
This decision reinforces a key principle in New York workers’ compensation law: reduced earnings must be supported by credible medical evidence establishing a causal relationship to the compensable injury. As in this case, an unjustified restriction on work hours can be successfully challenged.
Excellent advocacy and a great outcome for the client. Well done, Brian.
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