Client: Liberty Mutual Insurance
Court: Workers’ Compensation
Trial/Brief Attorney: Jason Sikoryak, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Matter Caption: Tracie Eustache v. New Jersey Transit
On May 25, 2023, Petitioner sustained a compensable injury to her left hand and thumb as a result of a window crushing her hand. Respondent initially accepted this claim and petitioner was treated with stitches to the left thumb and a splint for the left hand to prevent mobilization. Petitioner was instructed by medical providers to remove the splint to wash her hands and when performing range of motion exercises at home. Respondent scheduled Petitioner for evaluations with Dr. Lipschultz and Dr. Chan to treat the left hand, but Petitioner failed to comply with either treating physician. Further evaluations were not scheduled by Respondent.
Petitioner did not seek medical treatment until over four months later when she was examined by Dr. Wagner. Dr. Wagner reported that Petitioner’s original injuries healed, but she had since developed atrophy in the muscles of her hand, warranting additional treatment. Through testimony, it was revealed that Petitioner did not comply with the instructions from medical providers and was instead continuously wearing the hand splint for several months. Ultimately, the Court did not find the Petitioner to be credible and found that her current injury was due to her own intentional intervening actions and therefore, not compensable. Petitioner’s Motion for Medical Treatment and Temporary Disability Benefits was therefore denied.
