LOIS Secures a Labor Market Attachment Win in New York

LOIS Associate Kristine Rosales and LOIS Paralegal Andrea Hayles secured a labor market attachment win in a New York Workers’ Compensation case against a Claimant who was directed to produce evidence of job search since April 2023. Attorney Rosales rigorously cross-examined the Claimant and highlighted the fact that several months appeared not to have submissions. While Claimant testified that she is familiar with her medical restrictions, the Claimant conceded that most of the jobs she applied for she lacked qualifications. The Claimant also conceded that from the time of the work direction to the present, she did not search for jobs within her locality or performed independent job search or availed of state programs. During oral arguments, Attorney Rosales argued that Claimant’s job search did not comply with the seminal American Axle standard, as the job search was limited in duration, sporadic, and outside the Claimant’s qualifications and medical restrictions. The Law Judge upheld the position of Attorney Rosales and found Claimant not attached to labor market. As a result of the favorable outcome, no indemnity payments were made.