LOIS Associate Ryan Wallace was successful in an unrelated wage loss defense in a New York Workers’ Compensation claim. Following a hearing where the Law Judge ignored the position of counsel, Wallace drafted an appeal, arguing that the Claimant had a planned retirement, which was unrelated to the claim. In support of the argument, Wallace cited to the physical therapy records, where it was noted that the Claimant disclosed to the therapist that he had intended to retire. The Board Panel remanded the matter for a full inquiry as to whether the Claimant had causally related wage loss. As a result, nearly one year of awards were prevented from being paid, as awards were withheld pending appeal.
Winning Results
LOIS Argues Unrelated Wage Loss by Citing Physical Therapy Records
