LOIS Prevents Permanency Award, Obtains Favorable Labor Market Attachment Finding

Associate Leann Youngworth-Wright prevailed in a permanency trial in a New York Workers’ Compensation case by securing a finding that the Claimant is unattached to the labor market and therefore not entitled to receive a loss of wage-earning capacity award. During trial, the testimony of the Claimant was taken with regard to his attachment to the labor market. On cross-examination, Ms. Youngworth-Wright secured various concessions by the Claimant in that he applied for jobs that were not within his restrictions. When asked how many jobs the Claimant applied to in February, the Claimant testified that he could not recall and maybe applied for only one. Regarding applications filed in March, the Claimant testified that he had applied to 14 or 15 positions. Ms. Youngworth-Wright argued that the Claimant was due to produce evidence of attachment on March 28, 2024. Given that, on March 15, 2024, the Claimant filed three C-258s, which show that the Claimant applied for 11 positions in the month of January (all on the 24th). These positions were comprised of over four positions requiring a CDL, two sales positions, and several duplicative reports of independent job searches without a date, time, or contact information. Ms. Youngworth-Wright argued the Claimant provided the necessary specificity for only 11 applications of the total 17 job applications submitted. The Law Judge agreed with Ms. Youngworth-Wright’s argument and found that the Claimant did not conduct a good faith job search, as he consistently applied for positions that he lacked the necessary qualifications. In addition, the Law Judge found that the Claimant failed to conduct a persistent job search. As such, the Claimant was found to be unattached to the labor market and therefore not entitled to a loss of wage-earning capacity award.