Christine Elliott was able to secure the voluntary dismissal of a COVID claim after aggressively pushing the matter to Trial. The COVID allegations did not qualify for any statutory presumptions, and the case was denied based on lack of evidence that applicant contracted COVID at work. During extensive discussions with the WCJ and applicant’s counsel in person at the WCAB, Christine successfully argued that no presumptions applied and convincingly maintained that there was no evidence otherwise to support an industrial COVID claim. Christine was able to present well prepared arguments that there were other potential sources of the infection as evidenced by the employer’s records, applicant’s own deposition testimony, and the subpoenaed records. Ultimately Christine was able to convince applicant’s counsel that the case was futile, and applicant withdrew the COVID claim short of going on the record. This outcome saved the client significant litigation and discovery costs, including multiple Panel evaluations, as well as avoided exposure for temporary disability and permanent disability indemnity.
Well done, Christine!