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

Congratulations to Wendy Hauck on another outstanding result!

In a New York Workers’ Compensation claim involving an alleged left knee injury, Wendy successfully guided the defense strategy surrounding the claimant’s permanency claim and helped develop the medical evidence that ultimately led to a favorable outcome for the client. The claimant sought a schedule loss of use award based on a medical opinion that assessed a 10% loss of use of the knee. However, the defense carefully scrutinized the medical evidence and challenged the validity of that opinion.

After reviewing the record, the Workers’ Compensation Law Judge found that the claimant’s medical report failed to comply with the requirements of the 2018 Impairment Guidelines. The Judge noted that the physician relied on outdated standards, failed to provide the measurements required by the Guidelines, and, despite claiming permanency, reported that the claimant had full range of motion. As a result, the Judge found the permanency opinion less than credible.

The Judge further concluded that the claimant’s successful surgical outcome did not automatically entitle the claimant to a schedule loss of use award and found that the evidence did not support any permanency award. The request for a schedule loss of use finding was therefore denied in its entirety.
Wendy’s attention to detail in preparing and analyzing the medical evidence played a critical role in securing this result and protecting the client’s interests.

Please join us in congratulating Wendy on this excellent victory!

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