LOIS Halts Three Years of Awards in Successful Labor Market Attachment Trial

LOIS Partner Joseph N. Melchionne obtained a victory in a New York Workers’ Compensation claim involving a Claimant who has not demonstrated labor market attachment at three consecutive trials, not receiving any benefits since 2021. At the most recent trial, Melchionne took extensive testimony regarding her work search efforts since December 2022. He carefully cross-examined the Claimant regarding the legitimacy of her work search efforts, including if she was aware of the physical requirements of the individual jobs, if she was scholastically qualified to accept the different jobs, and if she could perform the job being that she did not speak English. In addition, he confronted her with her own testimony at a trial over two years ago, in which she conceded that she does not speak and understand English enough to perform most jobs. Further, Melchionne argued that with respect to her alleged in-person job searches, the Claimant did not include any contact information for most of the jobs and did not submit any documentary evidence of following up. Melchionne aggressively argued that pursuant to the evidence submitted, the Claimant’s testimony, and the work search efforts all fall woefully short of the standard of a diligent, persistent, and timely work search as set forth in American Axle in order to prove an attachment to the labor market. The Law Judge agreed and determined that the Claimant was not attached to the labor market and did not reinstate awards from 2021 to present.