Congratulations to John Land on securing a complete disallowance of a controverted New York Workers' Compensation claim involving an alleged left shoulder injury.

She is on a roll! Second big win this week.
Congratulations to Susan Parzymieso on securing the disallowance of a complex binaural hearing loss claim.

In this case, the claimant worked at the insured for just 9 months in 2022 but did not file a claim until 2025, with no audiogram performed until after the claim was filed. Lay testimony was taken of the claimant and employer witnesses. Deposition testimony was taken of the treating provider. Although the claimant represented to the treating provider that he was exposed to continuous noise while at work, Susan rebutted this claim with employer witness testimony refuting that the noise exposure was harmful and continuous. In addition, she elicited testimony showing that he had a prior medical history that could explain his hearing loss. In addition, the medical opinion on causation was founded upon the doctor’s belief that the claimant had significant continuous exposure to loud noise which was refuted by the employer. When confronted with these facts and the lack of a baseline audiogram, the doctor was no longer able to provide a credible opinion on causal relationship. Thorough and strong cross-examination with strategic development of the record led to the disallowance of this claim.

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