Anna Matero Case
I attended a pre hearing conference on your behalf in the above-referenced matter before Judge Alade in New Windsor, New York on 05/15/17. The claimant’s widow, Anna Matero was present and was represented by William Cerle.
As you know this case is a controverted claim for death. The claimant’s widow is alleging her husband, John Matero, death was caused by multiple myeloma. Mr. Matero had an underlining disability case with WCB# G097 2311. That case was established for multiple myelomas and consequential left eye vision loss with a date of disablement of 01/10/2013. The average weekly wage had been set at $400.00 and the claimant was classified with a permanent total disability.
The claimant died on 08/31/2016 and the widow has brought …show more content…
Deleon also completed a C-64 dated 03/16/2017 in which he indicates the claimant suffered from long standing multiple myeloma affecting his kidney and another body part which is illegible and his heart. The report is a little difficult to read, but it seems to state the claimant was suffering from heart failure and respiratory failure due to myelomas. The cause of death is cardiopulmonary arrest and the contributing cause is not clearly legible.
As you know, there was a potential issue of a late PH-16.2. We filed that as soon as we received notification. The claimant’s representative did not raise the issue today and we simply proceeded based on our defenses.
I did conference the case with Mr. Cerle prior to today’s conference and he did show me copies of birth certificates for both the decedent, John Matero the claimant, and for Anna Matero and as well as their marriage certificate. He is going to file them but if the claimant’s widow testifies she was living with her husband at the time of his death then she will be the lawful widow and in a position to make this claim. We will also have to determine whether or not there were any children of the marriage and whether any of them are a dependent and entitled to receive benefits should this case be established.
At today’s pre hearing conference I maintained all controversies, mainly the issue of causal …show more content…
Our main defense in this case is one of causal relationship. That defense will hinge on us obtaining an medical report showing the claimant died due to reasons unassociated with his multiple myeloma condition. You should have an IME setup as soon as possible and no later then 07/15/2017.
I will in the meantime setup the deposition of Dr. Deleon after 07/15/2017 and before the next hearing which will be on 08/25/2017.
If your consultant finds causal relationship in this matter, I see no other basis to defend the claim and I would suggest you contact me so we can discuss further handling of the matter.
If the IME finds no causal relationship we will continue with development of the record as outlined today and we will proceed with the testimony of the widow at the next hearing and make arguments to the Judge on compensability of this death case.
If you have any questions in the meantime, please do not hesitate to contact me. I enclose our statement of
As you know this case is a controverted claim for death. The claimant’s widow is alleging her husband, John Matero, death was caused by multiple myeloma. Mr. Matero had an underlining disability case with WCB# G097 2311. That case was established for multiple myelomas and consequential left eye vision loss with a date of disablement of 01/10/2013. The average weekly wage had been set at $400.00 and the claimant was classified with a permanent total disability.
The claimant died on 08/31/2016 and the widow has brought …show more content…
Deleon also completed a C-64 dated 03/16/2017 in which he indicates the claimant suffered from long standing multiple myeloma affecting his kidney and another body part which is illegible and his heart. The report is a little difficult to read, but it seems to state the claimant was suffering from heart failure and respiratory failure due to myelomas. The cause of death is cardiopulmonary arrest and the contributing cause is not clearly legible.
As you know, there was a potential issue of a late PH-16.2. We filed that as soon as we received notification. The claimant’s representative did not raise the issue today and we simply proceeded based on our defenses.
I did conference the case with Mr. Cerle prior to today’s conference and he did show me copies of birth certificates for both the decedent, John Matero the claimant, and for Anna Matero and as well as their marriage certificate. He is going to file them but if the claimant’s widow testifies she was living with her husband at the time of his death then she will be the lawful widow and in a position to make this claim. We will also have to determine whether or not there were any children of the marriage and whether any of them are a dependent and entitled to receive benefits should this case be established.
At today’s pre hearing conference I maintained all controversies, mainly the issue of causal …show more content…
Our main defense in this case is one of causal relationship. That defense will hinge on us obtaining an medical report showing the claimant died due to reasons unassociated with his multiple myeloma condition. You should have an IME setup as soon as possible and no later then 07/15/2017.
I will in the meantime setup the deposition of Dr. Deleon after 07/15/2017 and before the next hearing which will be on 08/25/2017.
If your consultant finds causal relationship in this matter, I see no other basis to defend the claim and I would suggest you contact me so we can discuss further handling of the matter.
If the IME finds no causal relationship we will continue with development of the record as outlined today and we will proceed with the testimony of the widow at the next hearing and make arguments to the Judge on compensability of this death case.
If you have any questions in the meantime, please do not hesitate to contact me. I enclose our statement of