Winning Results

LOIS Secures Discharge and Removal from Notice in Hearing Loss Case

LOIS Associate Alexandra L. Yacyshyn secured a favorable win for her client in obtaining a discharge and removal from notice in a New York Workers’ Compensation occupational hearing loss claim. The Claimant alleged that his work as a welder for 30 years resulted in a loss of hearing. Ms. Yacyshyn argued that her client’s business (a windfarm) generated no exposure to noise that would reach the minimum decibels required to cause hearing loss. Ms. Yacyshyn conducted thorough and rigorous discovery by subpoenaing the Claimant’s union records; it was discovered that the Claimant worked at another job at a steel company. Ms. Yacyshyn argued that the steel company needed to be placed on notice for full development of the record, to which the Law Judge agreed. As a result of her discovery, that employer’s witness conceded that the Claimant was indeed exposed to noise as a welder on a bridge. Ms. Yacyshyn argued that that employer (and not her client) was therefore liable. The Law Judge agreed with Ms. Yacyshyn that the Claimant was exposed to noise with the steel company and not her client’s windfarm and discharged and removed the Employer and Carrier from notice.

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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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