LOIS Associate Emma A. Halpin and Paralegal Anna Fatovic secure 20% LWEC finding and no-permanency award pending documentary evidence of work search in a New York Workers’ Compensation claim. This claim involved a 30-year-old office manager who had a work-related injury to the neck and back and argued for a 50% LWEC. The Claimant testified that she had produced a work search form to the Board indicating that she applied to a number of jobs since November of 2024, but conceded that she had not attached or produced any documentary evidence of her applications or communication with the employers. The Claimant testified that she had a bachelor’s degree and had worked as an office manager at several companies prior to working at the insured, also noting that she was proficient in Microsoft Office/Google Suite and that she was enrolled in a continuing professional education program.
Attorney Halpin argued for a de minimis LWEC finding, given the Claimant’s age, education, and vocational skills and experience, and argued that the Claimant cannot be found attached to the labor market as, among other things, she had not produced any form of documentary evidence of her applications or work search efforts. The Law Judge found 20% LWEC and found that the Claimant did not demonstrate attachment to the labor market. The Law Judge found that the Claimant was not entitled to a permanency award until documentary evidence of work search was produced and authorizing the immediate suspension of benefits pending the production of that evidence.
