I attended a hearing on your behalf in the above-referenced matter before Judge O’Connor in Menands, New York on 05/11/17. The claimant was present and represented by attorney Kayla Seger. I note this file originally was assigned to your in house counsel, Joe Buttridge, but he had a conflict on this case. He asked to appear and report directly back to you.
This case has been established for an injury to the left foot with an average weekly wage of $820.45. Various awards have been made through 10/09/95. My review of the C-8s in the file show, at that time, paid the claimant $13,964.00. The claimant subsequently had a third-party action which we believe went to verdict. Mr. Buttridge showed me some internal notes showing some reference to a jury verdict in excess of $300,000.00 and a note this had been appealed. We have no documentation confirming that. There is another note indicating the claimant may have received approximately $39,000.00 as a settlement.
This case was closed on 11/23/99 pending the outcome of the claimant’s third-party action and in a decision filed on 10/02/14 the claimant was directed to produce a third-party action closing statement. There were no continuing payments at that time. The claimant’s attorney have written numerous times to claimant’s third-party attorney, Tocci, Parker & Tocci, requesting …show more content…
The 11/05/15 report of Dr. Dellenbaugh suggest the claimant is having symptoms in both low and upper extremities. This case is only established for the left extremity. It will appear from a review of these reports that the claimant has a problem with neuropathy. He is 6'3 and weighs in excess of 300lbs. It does not appear he has any further causally related disability due to our case. There is no evidence of a change in condition from the 25% found by Dr. Heineman back in 1996. He seems to have a host of other unrelated health problems which may infact be
This case has been established for an injury to the left foot with an average weekly wage of $820.45. Various awards have been made through 10/09/95. My review of the C-8s in the file show, at that time, paid the claimant $13,964.00. The claimant subsequently had a third-party action which we believe went to verdict. Mr. Buttridge showed me some internal notes showing some reference to a jury verdict in excess of $300,000.00 and a note this had been appealed. We have no documentation confirming that. There is another note indicating the claimant may have received approximately $39,000.00 as a settlement.
This case was closed on 11/23/99 pending the outcome of the claimant’s third-party action and in a decision filed on 10/02/14 the claimant was directed to produce a third-party action closing statement. There were no continuing payments at that time. The claimant’s attorney have written numerous times to claimant’s third-party attorney, Tocci, Parker & Tocci, requesting …show more content…
The 11/05/15 report of Dr. Dellenbaugh suggest the claimant is having symptoms in both low and upper extremities. This case is only established for the left extremity. It will appear from a review of these reports that the claimant has a problem with neuropathy. He is 6'3 and weighs in excess of 300lbs. It does not appear he has any further causally related disability due to our case. There is no evidence of a change in condition from the 25% found by Dr. Heineman back in 1996. He seems to have a host of other unrelated health problems which may infact be