LOIS Attorney Wins on Attachment to the Labor Market Defense

LOIS obtains a no attachment to the labor market finding after arguing the claimant failed to conduct a timely, diligent, or persistent work search. The claimant was classified as having a permanent partial disability but was deemed unattached to the labor market and was directed to produce evidence of a timely, diligent, and persistent work search. However, the evidence produced showed the claimant had only applied to 16 positions. LOIS attorney Alexa Cintron was able to obtain favorable testimony from the Claimant, wherein he conceded to not having experience for many of the positions applied for and that he did not engage in any vocational rehabilitation services. Based on the testimony, the Law Judge did not feel the claimant conducted a timely, diligent, or persistent work search, finding the claimant ineligible to receive wage loss benefits.