David H. Allweiss

David is a partner in the New York office of Morrison Mahoney.  He concentrates his practice in the area of workers’ compensation defense and represents carriers, third-party administrators, and self-insured employers in the defense of workers’ compensation claims filed in New York.

David has been practicing in this area for nearly his entire career, has traveled to every hearing office in the State of New York, and has appeared at hundreds of hearings, trials, and medical depositions.  He has obtained favorable results from the Board Panel, the Full Board, and the Appellate Division, Third Department.

David regularly conducts presentations and seminars on workers’ compensation for current and prospective clients.

REPRESENTATIVE EXPERIENCE

• Obtained a disallowance on an occupational disease and death claim for nasopharyngeal cancer; demonstrated that claimant’s physician could not demonstrate specifically what chemicals would have caused the cancer

• Obtained a disallowance in an accident claim where claimant denied prior injuries to the alleged site in a recorded telephone conversation with the carrier; she had actually been treating for that site a year before the accident

• Obtained a disallowance in an occupational disease claim where claimant alleged that he contracted arthritis due to the unheated condition of his workplace.  He admitted that the workplace received upgraded hearing systems three years before the date he claimed his arthritis was disabling him from working, and medical testimony confirmed that cold weather conditions do not cause arthritis

• Successfully argued on appeal that another carrier and employer were responsible for the claim, and that they were estopped from raising laches because they were already on notice of the claim, and handling all medical treatment issues for it

• Claims and Litigation Management Alliance (CLM)