LOIS Associate Alexa Cintron and Paralegal Montserrat Ramirez-Figueroa successfully obtained a finding of voluntary withdrawal from labor market in a New York Workers’ Compensation claim. The claimant was found with temporary partial disability but asserted continued employment by submitting an employment verification letter indicating full-time status. In response, Attorney Cintron requested development of the record, to include Claimant’s testimony to assess the legitimacy of the alleged ongoing employment relationship.
Through an effective cross-examination, Attorney Cintron obtained key concessions, including Claimant’s lack of knowledge of her job title, failure to communicate with the Employer regarding work availability within medical restrictions, and failure to personally request the employment verification letter. Based on these admissions, Attorney Cintron persuasively argued that there was no intent to return to work despite the documentation. The Law Judge upheld the position of Attorney Cintron and found that Claimant was not actively employed and had voluntarily removed herself from the labor market. As a result of this favorable outcome, benefits were suspended.
