In New York workers’ compensation, when a claimant fails to demonstrate a good-faith job search, the law is clear: benefits can—and should—stop. At Lois Law Firm, that principle isn’t just understood—it’s executed with precision.
LOIS Associate Doug Chau and Paralegal Jeannie Borschel delivered exactly that result, securing a decisive labor market attachment victory that led to the suspension of ongoing indemnity payments.
The case turned on a familiar directive: the claimant was ordered to produce proof of job search efforts. But as every seasoned practitioner knows, not all job searches are created equal. The governing standard—articulated in Matter of American Axle — requires a diligent, good-faith effort to secure employment within the claimant’s restrictions, skills, and experience.
This is where advocacy met opportunity.
Through focused cross-examination, the LOIS team systematically dismantled the claimant’s alleged job search. The concessions came quickly—and decisively:
- He didn’t know his own work restrictions.
- He applied for jobs outside his qualifications and capacity.
- He had no resume.
- No copies of applications.
- No confirmation emails.
- No rejection letters.
- No follow-up on any applications.
- And no understanding of the roles he claimed to pursue.
In short, form without substance — the exact scenario New York law is designed to reject.
The summation was direct and grounded in precedent: this was not a good-faith job search—it was the appearance of effort without the reality of it. Under American Axle, that’s not enough.
The Law Judge agreed.
The claimant was found not attached to the labor market, and indemnity payments were suspended.
This is creativity in litigation — not flashy, but strategic. It’s professionalism in preparation, ensuring every question lands with purpose. It’s advocacy that leverages the law, not just the facts. And above all, it’s service that delivers real financial impact for the client.
