Congratulations to Glenaida Mercado on an outstanding workers’ compensation victory that secured substantial credits and significantly limited future exposure for our client.
The case involved two separate claims spanning several years. In a 2019 claim, the claimant suffered a left shoulder injury after hearing a pop while lifting pallets and was ultimately awarded a 15% Schedule Loss of Use of the left arm, totaling $22,965.23.
Years later, in a 2024 claim, the claimant sustained a right shoulder injury after feeling a pinch and pop while lifting sheets. Following arthroscopic surgery, the claimant made an excellent recovery and was released to return to work at full duty. However, upon returning to work, he asserted that the pain in his left shoulder had become unbearable and sought to establish the left shoulder condition as a consequential injury flowing from the right shoulder claim.
Glenaida aggressively litigated the issue and developed compelling medical evidence. During depositions, the claimant’s treating physician acknowledged that he had not reviewed the claimant’s prior 2019 left shoulder claim and he based his opinion that the left shoulder was consequential largely on the claimant’s self-reported history. The physician further conceded that he could not determine the age of the left shoulder pathology and agreed that it was unlikely the pathology developed during the short period following the right shoulder surgery.
Supported by strong case law establishing that a consequential injury requires more than subjective complaints of pain or overuse, Glenaida argued that there was no evidence of a new injury. The Workers’ Compensation Law Judge agreed.
This finding had enormous financial significance. Glenaida secured a ruling that payments made after the claimant was released to full-duty work were considered an overpayment. Equally important, because the claimant had already received a prior left shoulder Schedule Loss of Use award on the 2019 case, our client is entitled to apply the $22,965.23 credit before any additional benefits can be paid on that claim.
Outstanding work by Glenaida in a case that required strategic litigation, effective deposition testimony, strong medical development, and a deep understanding of New York workers’ compensation law. Results like this demonstrate how careful claim analysis can create substantial savings and protect clients from unwarranted future exposure.
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