LOIS Successfully Argues Quality Over Quantity in Labor Market Attachment Trial

LOIS Associate Bradley Haymes obtained a favorable finding of no labor market attachment in light of over 400 applications submitted in various work searches in a New York Workers’ Compensation case. Haymes subpoenaed some of the companies that the Claimant applied to and obtained the Claimant’s resume. Using the Claimant’s resume (which included being under psychiatric care and a list of skills that he testified that he did not have), Haymes underscored that the Claimant was self-limiting and self-sabotaging his job search. Haymes also provided arguments that two companies communicated that they never received applications from the Claimant. The Law Judge ultimately found that the Claimant was not qualified for most of the jobs he applied to, that many jobs could not be verified, and that the Claimant’s resume listed numerous skills and certifications that the Claimant did not have. The Law Judge further agreed that the Claimant listing his medical conditions on his resume was inappropriate and that he made misrepresentations as to his skills and certifications. The Law Judge agreed with Haymes and suspended indemnity benefits.