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.
Winning Results
LOIS Wins on Labor Market Attachment in New York
