Joana Coloma Beats Fraudulent Injury Claim on Appeal

New York Associate Joana Coloma won a workers' compensation claim for a Manning Kass client. During trial, Ms. Coloma secured a full disallowance of the claim based on a lack of credible evidence. Upon appeal by the claimant, the judge affirmed the previous judgment, finding the claim to not be compensable.

Our client, a Manhattan residential building owner, had an employee file a workers' compensation claim after he fell 20 feet through the boiler room ceiling, resulting in injuries to his head, neck, back, as well as both shoulders, wrists, hands, and ankles. Due to previous conduct by the employee, the employer was concerned the claimant had purposefully caused the accident to avoid being disciplined after he was investigated for misconduct. After an independent medical examination found the injuries were work related, the employer disputed the claim.

Joana Coloma represented our client, the employer, at trial, where the claimant testified the incident happened in the course of his duties at work. Two witnesses testified against these claims, stating that the claimant not only knew of the dangerous conditions of the property, but also did not need to be there to perform the work. The witnesses also testified to the claimant’s misconduct that immediately preceded the incident.

Citing inconsistencies in the claimant’s testimony, as well as the suspicious timeline of events, the judge found that the claimant failed to produce credible evidence of an accident arising out of the work activity and ruled in our client’s favor.

The claimant appealed the ruling to try and reestablish the workers' compensation claim, to which Manning Kass filed a strong rebuttal. Ultimately, the board panel affirmed the original judgment, finding that the claimant's accident resulted from a willful intent to injure himself. This decisive ruling completely shielded the employer from liability for any compensation payments or medical treatment bills.

About Our Team 

Joana Coloma is an Associate in the New York office and a member of the Special Investigations Unit / Insurance Fraud Litigation and Workers' Compensation teams. Ms. Coloma first joined Manning Kass as a summer intern before returning full-time as a first-year attorney. She received her Juris Doctor from Syracuse University College of Law, where she was recognized as a Pro Bono Champion for her student advocacy, and is currently a member of the New York State Academy of Trial Lawyers.