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Winning Results

LOIS Extinguishes Medical Exposure in Multiple Claims

LOIS Partner Joseph N. Melchionne achieved a notable and strategic win in a New York Workers’ Compensation case where the Claimant was found to have waived his right to produce a permanency report and had achieved maximum medical improvement (MMI). The Claimant had two Workers’ Compensation claims that were settled “indemnity-only” by way of a WCL Section 32 agreement, and the medical portion remained open. Following the Claimant’s attendance for an IME to comment on permanency, Melchionne argued before the Law Judge that the Claimant should produce a permanency report by a date certain to address whether MMI had been achieved. The Law Judge agreed and directed that the Claimant produce a permanency report. After the expiration of the 60 days and at the following hearing, Melchionne argued that the Claimant be precluded from producing a C-4.3 and demanded that the Claimant be determined to be at MMI as a result of failing to produce evidence. The Claimant’s attorney argued that the issue of the Claimant’s continued medical treatment is “moot” pursuant to the Indemnity-Only WCL Section 32 agreement. In response, Melchionne argued that the IME report determined that the Claimant had achieved MMI after the Section 32 agreement was approved and that, as medical remained open following the agreement, the issue of causally related medical treatment and duration of same was at issue. The Law Judge agreed, noting that Melchionne’s argument was legally and factually correct. As a result, medical exposure of the claim was significantly reduced.

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New York Workers’ Compensation Defense at Lois Law Firm

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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