Another Outstanding Result

Congratulations to Wendy Hauck on securing a favorable outcome in a complex New York Workers’ Compensation permanency dispute involving a claimant who underwent multiple knee surgeries, including a total knee replacement.

The claimant argued that the current schedule loss of use award should be calculated independently of a prior established knee claim and sought an award above the previously awarded schedule loss of use. Wendy carefully analyzed the claimant’s extensive medical history and developed compelling medical evidence demonstrating that the prior knee pathology and surgeries could not be separated from the condition that ultimately led to the total knee replacement.

Through detailed preparation of the medical record and expert evidence, Wendy successfully established that the claimant was not entitled to an additional increase in schedule loss of use beyond that supported by the medical evidence. The Workers’ Compensation Law Judge found the carrier’s medical expert more credible and agreed that the claimant’s examination findings did not support an enhanced award.

The Judge ultimately determined that the claimant sustained an overall 35% schedule loss of use of the left leg but allowed the carrier to take credit for a prior 20% schedule loss of use award, resulting in an effective 15% schedule loss of use payable on the claim.

This result highlights the importance of thorough medical development and strategic analysis of prior awards when defending permanency claims. Wendy’s careful preparation of the medical evidence played a key role in securing a favorable outcome for the client.

Please join us in congratulating Wendy Hauck on another excellent result.

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