Winning Results

LOIS Wins a Favorable Voluntary Removal Finding

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.

Download the New York Workers’ Compensation Law Handbook

Download Our New York Workers’ Compensation Law Handbook

The 2023 edition of Greg Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

Download Now

New York Workers’ Compensation Defense at Lois Law Firm

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.

Learn More

Get articles delivered to your inbox, once a month.

Subscribe Today!