Neil A. Diegelman

Practice Areas

• Workers’ Compensation

Current Employment Position

• Associate Attorney

Bar Admissions

• New York

Education

• University at Buffalo Law School, Buffalo, New York
  • Honors: Buffalo Environmental Law Journal and Buffalo Journal of Gender, Law & Social Policy
• Buffalo State College
  • B.S., Bachelor of Science
  • Major: Business Administration

Honors

• Juris Doctor Cum Laude
• Bachelor of Science in Business Administration Summa Cum Laude
• Eagle Scout

Verdicts/Settlements/Cases of Note/Favorite Win

• My first disallowance when I first started Workers’ Compensation for a claimant who requested time off work, was denied, and just so happened to have an accident the day before the time she previously requested off is one of my favorite wins. We were able to get concessions from her PA that she never disclosed a work accident to him, but actually denied any accident. This was my favorite case because it was my first time taking claimant testimony and I got plenty of objections which would make me stumble and more nervous, and I felt humiliated for asking so many questions about the inconsistencies in the record because “asked and answered” was a frequent objection. However, my intuition was correct and I prevailed on the same inconsistencies claimant’s counsel continued to object to questions regarding.
• One of my favorite wins at the trial level involved an established right ankle injury (crush) and the claimant was also alleging a direct injury to the back. The claimant was working in construction and was assigned to dump bins of debris out into a waiting garbage truck. The claimant’s foot was injured by the garbage truck and the debris bin. The claimant alleged that after he injured his foot, he fell backwards striking his back causing injuries. We took the deep dive and contacted other employees who were working with the claimant on the accident date. Every employer-eyewitness testified that the claimant injured his right foot and then sat down to await medical attention. Further, the medical reports did not state a direct back injury until months later. Based on the overwhelming evidence that we were able to produce, we prevailed on having the back injury disallowed from the claim. The WCLJ found our three employer witnesses were more credible than the claimant in describing the accident, and that the claimant did not have the complaints until a few months later. This was a great win as the claim was then limited to the right ankle injury without expanding the sites of injury.

Your Legal Superpower

• • “Breathing Underwater” – Having a propensity for diving deeper into claims to provide strong defenses for our clients.

Pets and Hobbies

• I have fostered five pit bull dogs through Queen City Pitties, a foster to adoption dog-rescue agency. Eventually, I adopted my fifth foster and she is a true angel.
• My hobbies include travel, hiking, woodwork, house remodel and renovation work. I am an avid cyclist and enjoy kayaking. Beyond my personal and professional life, I enjoy quiet, peaceful meditation time with a view of the sunset, a few clouds and a breeze