In New York workers’ compensation practice, timing isn’t just important — it’s dispositive. When a case turns on proper employer and carrier liability, the difference between a win and a loss often comes down to one thing: credible witness testimony on the record. At Lois Law Firm, that’s where advocacy meets creativity — and service seals the deal.
At a recent controverted hearing, the stage was set for a routine continuation. The issue: proper employer. The expectation: employer witnesses ready to testify. The reality? When the case was called, the witness — prepared just days earlier — was nowhere to be found. Calls from the Court went straight to voicemail. Calls from counsel LOIS Associate Andrew Berman? Same result. With no witness present, the case moved to summations, and the risk was clear: without testimony, the evidentiary record would tilt decisively against the carrier.
That’s when service and creativity took over.
Instead of accepting the loss of a key witness, LOIS Associate Andrew Berman and Paralegal Andrea Hayles pivoted. A rapid message went out to Paralegal Andrea Hayles, who immediately began working alternate channels — tracking down the witness through his company’s main office line. Within minutes, she made contact. But finding the witness was only half the battle. The next hurdle: getting him into the virtual hearing room in real time.
Andrea didn’t just connect — she coached, troubleshot, and executed. Walking the witness through each step of the login process, she transformed confusion into connection. As summations progressed, she worked against the clock. And just in time — before counsel’s turn to argue — the witness entered the virtual waiting room.
The result? The Judge permitted the testimony.
And that changed everything.
In New York workers’ compensation proceedings, particularly under the Board’s evolving procedural rules, the presence (or absence) of live testimony can define the outcome. Here, the witness’s testimony directly supported the carrier’s position that the insured was neither the proper employer nor the general contractor. Even more telling, in ruling in favor of the carrier, the Judge specifically noted that the opposing party failed to produce a witness — a critical omission under basic trial principles of proof.
This is what professionalism under pressure looks like. It’s not just preparation — it’s execution when the plan breaks down. It’s not just advocacy in summation — it’s building the record in real time. And it’s not just service to the client — it’s a relentless commitment to the outcome.
At LOIS, wins don’t happen by accident. They happen because when the moment calls for it, the team goes the extra mile — and then finds another way when the first path fails.
