The claimant submitted repeated job-search documentation seeking continued workers’ compensation benefits. Lois Law Firm Partner Meisha Powell and Paralegal Karen Olarte reviewed every submission against the claimant’s restrictions, qualifications, search dates, and actual ability to perform the positions listed.
The audit revealed that the claimant searched on only a handful of days over several months, did not meaningfully discuss work restrictions with treating physicians, and applied for jobs outside those restrictions. Several positions required a driver’s license even though the claimant did not have one, while others involved impractical commuting distances. Attorney Powell used cross-examination and oral summation to show that these were not isolated mistakes but evidence of a work search that was neither consistent nor realistically directed toward employment.
The New York Workers’ Compensation Law Judge found that the claimant had not demonstrated attachment to the labor market and suspended awards. The ruling saved the carrier substantial ongoing exposure and positioned the claim for a more favorable resolution. It also provides a practical lesson for risk professionals: labor market attachment should be evaluated as a quality-control issue, not a paperwork-counting exercise.
