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LOIS Secures COVID-19 Disallowance due to Uncertainty in Claimant’s and Doctors’ Testimonies

LOIS Partner Declan Gourley and LOIS Paralegal Nicholas Fortino secured a disallowance in a New York Workers’ Compensation claim for COVID-19, where the Claimant alleged contracture at work. Through effective cross-examination of the Claimant, Gourley drew into question the Claimant’s allegations regarding her exposure to COVID-19 at work and the potential for exposure outside of the workplace. Additionally, through cross-examination of the multiple treating providers, it was clear that while the Claimant had alleged exposure at work, none of the medical providers had an opinion regarding where the Claimant actually contracted COVID-19. By way of a Reserved Decision, the Law Judge ruled that the record did not establish a prevalence of the virus in the Claimant’s workplace at the alleged time of exposure and that the Claimant’s own medical providers expressed uncertainty during testimony – not only as to how the Claimant contracted the virus, but when the Claimant contracted the virus. The Law Judge further substantiated the disallowance based on the risk factors for exposure to COVID-19 outside of the workplace that was drawn out during Claimant’s testimony, including the fact the Claimant traveled via public transportation to work daily. This claim had the potential for significant indemnity and medical exposure, since the Claimant has remained out of work alleging total disability since May 2022.

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Lois Law Firm Raises Over $13,700 With a Comedy Show Benefiting Healthy Humor

Lois Law Firm transformed their collaboration room, aptly named “LoisLAB,” into a fully-fledged comedy club on Thursday, March 7th, 2024. The “LoisLAUGHS – Comedy for a Cause” event, designed to benefit the non-profit organization “Healthy Humor, Inc.,” featured four top local comedians performing sets on stage with participants roaring with laughter. Partners, attorneys, paraprofessionals, and staff were able to invite their friends and family to the event, and all ticket proceeds went directly to charity. Together with the event’s ticket sales and the Firm’s donation match, the total raised for Healthy Humor was over $13,700!

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LOIS Prevails on Evidentiary Standard in New Jersey Appellate Division

Managing Partner Greg Lois with the assistance of Senior Associate Addison O’Donnell obtained a victory at the New Jersey Appellate Division in a contentious New Jersey Workers’ Compensation case. The Petitioner alleged fifty (50) diagnoses as a result of allegedly being exposed while working to chemical fumes from his personal car’s air conditioning system. To prove causation, the Petitioner retained an alleged toxicology expert and argued that the Respondent’s experts provided a “net opinion” with regard to his medical claims. A trial ensued with multiple medical witnesses cross-examined, as well as thousands of pages of documents submitted for the Court’s consideration. Following a favorable disallowance of the case from Judge Gallagher, the Petitioner appealed to the New Jersey Appellate Division on the basis that his expert’s conclusion was supported by the medical record and that the Respondent’s experts were improperly considered in light of the alleged “net opinion” proffered.

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Attorney Olivia Barna Advances to Senior Associate at Lois Law Firm

Olivia Barna has been promoted to Senior Associate at Lois Law Firm, one of the most respected and fastest-growing employment defense firms in the nation. With years of experience as an accomplished negotiator and litigator, Olivia Barna has focused expertise in worker’s compensation cases. Barna and her paralegal provide a client-centered, assertive approach which has yielded favorable results for the Firm’s clients.

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LOIS Successfully Dismisses Motion for Medical and Temporary Benefits

LOIS obtained a favorable motion outcome as it relates to its New Jersey Workers’ Compensation practice. There, the Petitioner’s claim was a denied occupational claim for bilateral carpal tunnel syndrome allegedly caused by repetitive movements while working as a pharmacist technician. This allegation came after the Petitioner had been working for a mere 90 days for the employer with repeated attendance issues. Upon answering the claim, a denial was set for lack of causal relationship. The Petitioner concurrently filed a Motion for Medical and Temporary benefits seeking treatment as well as temporary disability benefits for Petitioner’s time out of work.

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LOIS Obtains Disallowance for Claimant’s Failure to Prove “Repetitive Use”

LOIS Senior Associate Attorney Stephen McLinden prevailed on appeal of a New York Workers’ Compensation occupational disease claim due to repetitive use to the back. In this claim, the Claimant effectively retired from her home health aide position in July 2020 and started prosecuting the claim against the employer about a year later. The Claimant repeatedly failed to produce all prior medical records and the initial treatment records related to the back. In testimony, the Claimant suggested that she changed assignments over the years and that this sometimes involved heavier individuals or pushing wheelchairs more frequently than others. McLinden argued that some of the Claimant’s descriptions of her job duties seemed dubious, such as pushing heavy shopping carts and lifting heavy pots of food, as it did not meet the standard of repetitive use.

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LOIS Proves Bad Faith Search for 2,500+ Labor Market Attachment Job Submissions

In a rather unique New York Workers’ Compensation case involving a Claimant directed to look for work since January 2023, the Law Judge found that there was no attachment to the labor market after a contentious two-day trial. The Law Judge noted that the Claimant submitted more searches than the Law Judge had ever “seen in [his] career” – 2,300 job searches with an additional 200 submitted in advance of the second half of the adjourned trial.

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LOIS Promotes Attorney Dan Gillis to Senior Associate

Dan Gillis has been promoted to Senior Associate at Lois Law Firm, one of the most respected and innovative employment defense firms in the nation. “Dan possesses extensive trial, settlement, and counseling experience in a wide range of worker’s compensation matters, particularly in cross-jurisdictional matters, and we are proud to recognize his growth at the Firm,” says Greg Lois, Managing Partner of Lois.

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