Insights
U.S. Supreme Court Refuses to Hear Medical Cannabis Workers’ Compensation Case
June 22, 2022
Jeremy Buchalski focuses his legal practice on general liability, including the defense of cases involving trucking accidents and premises liability and lawsuits stemming from harm allegedly caused by lead-based paints. In addition, Jeremy has extensive experience in the defense of employers and insurance carriers in workers’ compensation cases. His clients include trucking companies and their insurers, landlords and their insurers in lead paint actions, residential buildings in premises liability actions, and employers and insurers in workers’ compensation cases.
Prior to joining the firm, Jeremy represented the Special Funds Conservation Committee, which maintains and defends the Special Disability Fund and the Fund for Reopened Cases under sections 15.8, 14(6) and 25-a of the Workers' Compensation Law. He also has experience defending employers and insurance carriers in workers’ compensation cases, and has appeared before the Workers’ Compensation Board across New York State. In law school, Jeremy worked for the Senior Advisor for Transportation and Infrastructure in the New York State Executive Chamber and for a New York City councilmember. After law school, he worked for NYC Public Advocate Bill de Blasio.
Jeremy’s broad experience gives him particular insight into every aspect of a case, which results in superior analysis and a strong legal strategy. Knowing the case better than opposing counsel not only puts him at a distinct advantage substantively but also creates a positive impression on the court.
Jeremy Buchalski focuses his legal practice on general liability, including the defense of cases involving trucking accidents and premises liability and lawsuits stemming from harm allegedly caused by lead-based paints. In addition, Jeremy has extensive experience in the defense of employers and insurance carriers in workers’ compensation cases. His clients include trucking companies and their insurers, landlords and their insurers in lead paint actions, residential buildings in premises liability actions, and employers and insurers in workers’ compensation cases.
Prior to joining the firm, Jeremy represented the Special Funds Conservation Committee, which maintains and defends the Special Disability Fund and the Fund for Reopened Cases under sections 15.8, 14(6) and 25-a of the Workers' Compensation Law. He also has experience defending employers and insurance carriers in workers’ compensation cases, and has appeared before the Workers’ Compensation Board across New York State. In law school, Jeremy worked for the Senior Advisor for Transportation and Infrastructure in the New York State Executive Chamber and for a New York City councilmember. After law school, he worked for NYC Public Advocate Bill de Blasio.
Jeremy’s broad experience gives him particular insight into every aspect of a case, which results in superior analysis and a strong legal strategy. Knowing the case better than opposing counsel not only puts him at a distinct advantage substantively but also creates a positive impression on the court.
Jeremy Buchalski (Partner-New York, NY) defended common sense when an employee of our client's insured alleged that a wall of bricks fell on him while he was working. When he reported this incident, his employer smelled alcohol on his breath and he was later found sleeping in the building by a security guard. His employment was terminated the next day after he admitted that he broke into the company's temporary shed. When the plaintiff was seen at the hospital he reported that a single brick fell and struck him on the face, right wrist, and left hand. Two weeks later he filed a claim alleging injuries to his head, neck, back, both shoulders, right hand, right wrist, both hips, and his face. After several false starts, he finally provided testimony that he was rendered unconscious and carried down two floors after his accident. Not surprisingly, the judge found that his testimony lacked credibility and dismissed the claim.
Jeremy M. Buchalski
Hannah Knab (Associate-New York, NY) and Jeremy Buchalski (Partner-New York, NY) knew the claim against our carrier client was fraudulent from the beginning, but they had to overcome some obstacles to get there. The claimant, an employee of the insured, alleged that he was injured using a jackhammer that struck him in the mouth and chin. He was taken from the jobsite by ambulance and seen at the hospital on the day of the accident and reported the same history. He later claimed he also injured his neck, back, and both shoulders in addition to experiencing post-traumatic headaches and TMJ. Through their investigation with the claimant's employer, Hannah and Jeremy were able to prove that he never worked on Sunday, the jobsite was closed that day, and he was picked up outside of the jobsite. Finally, our witness provided testimony that the claimant, a plumber, would not have used a jackhammer. The New York Workers’ Compensation Board found our witness more credible and dismissed the claim, a finding that was upheld on appeal.
Hannah Knab and Jeremy M. Buchalski