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Winning Results

LOIS Wins on Labor Market Attachment in New York

LOIS Associate Kristine Rosales and Paralegal Andrea Hayles secured a labor market attachment win in a New York Workers’ Compensation case against a Claimant who was directed to produce job search proofs. On cross-examination, Attorney Rosales zeroed in on whether the Claimant lacked an understanding of his medical restrictions. The Claimant admitted that he did not know how to search for a job. The Claimant testified that a family member assisted him but that he did not know about the jobs that he applied to, including the qualifications for the jobs. He conceded he was not qualified for some of the jobs applied for and that he did not have the physical capacity to perform the jobs he applied for. Attorney Rosales highlighted that the job search was limited in nature and that the evidence consisted of duplicate applications so as to make it appear that there were more applications than what was submitted: a total of 28 job searches in three months that was conducted only on five days. The Law Judge ultimately found that the Claimant not attached to the labor market based on his testimony, as his job search did not appear to have been made in good faith and in compliance with the seminal case of Matter of American Axle. As a result of the favorable outcome, ongoing indemnity payments were suspended.

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The 2023 edition of Greg Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

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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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