LOIS Partner Joseph Melchionne obtained a finding that the Claimant voluntarily removed himself from the labor market, resulting in no awards being directed before a trial on permanency. Melchionne argued that, pursuant to Matter of American Axle, the Claimant’s work search efforts must be diligent, persistent, and timely. In this claim, the Claimant’s work searches were simply Indeed submissions for jobs as a delivery driver and that, based upon the nature of the alleged online searches, the Claimant therefore cannot be completely aware of the specific job duties for each position and whether each job accommodated his current medical restrictions.
Following cross-examination, Melchionne underscored the Claimant’s concessions that he would not likely have been able to perform many or any of the jobs applied. Further, it was argued that the positions would require extensive driving, walking, getting into and out of a truck or car, and potentially carrying and delivering goods of various sizes and weights, which the Claimant testified that he would not be able to perform. Finally, Melchionne argued that the Claimant conceded that he did not register for any New York State Job Placement program. Based upon these arguments, the Law Judge found that the Claimant’s alleged work search fell short of the threshold required and found that the Claimant removed himself from the labor market and was not attached. Benefits were thereafter suspended, and the overall exposure in the matter was severed in light of the finding.
