Yan Falkinstein Earns a Take Nothing After Vigorous Cross-Examination

Congratulations to Yan Falkinstein of our San Fernando Valley office on a hard-earned Take Nothing! Several specific injuries were settled by way of Compromise & Release based upon the PQME reporting.  Subsequent to case resolution, a new Application for Adjudication of Claim was filed for a new purported specific date of injury which took place after the others which were settled but before the Order Approving C&R.  Applicant’s theory was that this injury was supported by PTP reports which seemed to mention this date of injury.  Yan argued this was a clerical error by the PTP, but in the alternative, the Statute of Limitations would apply.  At MSC, applicant’s counsel refused to withdraw this application and the matter was set for trial over applicant’s counsel’s objection.  Applicant’s counsel requested that the record be developed on this new date of injury with the existing or a new panel QME.  Three days of trial ensued and Yan vigorously cross examined the applicant as to this purported date of injury.  Ultimately Yan was able to prove to the satisfaction of the court that this filing was based upon clerical error of the PTP’s office and there was no factual or medical evidence to support the allegation, but in the alternative the Statute of Limitations would apply.

Great job, Yan!