Insights
U.S. Supreme Court Refuses to Hear Medical Cannabis Workers’ Compensation Case
June 22, 2022
Jeremy Buchalski leads the Workers’ Compensation Practice for Wilson Elser and brings more than 15 years of experience representing employers and insurance carriers in workers’ compensation matters. He has defended claims across a broad range of industries, including trucking, warehousing, health care, construction, retail, restaurant, and professional employer organizations (PEOs). His practice also involves defending matters involving trucking accidents, construction accidents under New York Labor Law, premises liability, and toxic torts. Jeremy has appellate experience in all four judicial departments in New York.
Jeremy takes a proactive approach to claims and litigation management, emphasizing early investigation, risk assessment, and strategic case evaluation. His expertise in both workers’ compensation and general liability provides him with a comprehensive understanding of the risks and exposures facing employers, insurers, and third-party administrators. He works closely with clients to achieve efficient, cost-effective resolutions through litigation, early resolution, or settlement, depending on the needs of the case.
Jeremy Buchalski leads the Workers’ Compensation Practice for Wilson Elser and brings more than 15 years of experience representing employers and insurance carriers in workers’ compensation matters. He has defended claims across a broad range of industries, including trucking, warehousing, health care, construction, retail, restaurant, and professional employer organizations (PEOs). His practice also involves defending matters involving trucking accidents, construction accidents under New York Labor Law, premises liability, and toxic torts. Jeremy has appellate experience in all four judicial departments in New York.
Jeremy takes a proactive approach to claims and litigation management, emphasizing early investigation, risk assessment, and strategic case evaluation. His expertise in both workers’ compensation and general liability provides him with a comprehensive understanding of the risks and exposures facing employers, insurers, and third-party administrators. He works closely with clients to achieve efficient, cost-effective resolutions through litigation, early resolution, or settlement, depending on the needs of the case.
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