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LOIS Secures a Disallowance, Presents Floor Plan and Photos of Jobsite

LOIS Associate Kristine Rosales and Paralegal Andrea Hayles secured a disallowance in a New York Workers’ Compensation construction case involving a Claimant who failed to establish employer-employee relationship. At trial, Attorney Rosales questioned the Claimant about his employment. The Claimant conceded that his only basis for stating that the company represented by Attorney Rosales is the vest worn by his supervisor bearing the company logo. When asked if the supervisor ever represented to the Claimant that he worked for subject employer, he conceded that he never had any discussion with the supervisor. He testified that he presented a false identification once when he got the job and he goes to the jobsite, being ushered in by the security guard. The Claimant conceded that the photos submitted were of the accident site. Attorney Rosales presented the employer-witness who confirmed that the company does not issue vests with a company logo. Moreover, the witness confirmed that the photos are not of the jobsite at bar. The Law Judge upheld the position of Attorney Rosales and ruled that the employer-witness’ testimony rebutted the Claimant’s allegations of employer-employee relationship. The Law Judge ruled that the Claimant was not even certain who his employer was, and the records did not support the fact that the claimant was at the jobsite. The Law Judge also gave weight to the photos and the floor plan submitted by the Carrier showing that the photos submitted by the Claimant does not match with the jobsite. The Law Judge disallowed the case in its entirety. As a result of this favorable outcome, the Carrier is not liable for any incurred bills or any indemnity benefits associated with the disallowed claim.

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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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