LOIS Associate Emma A. Halpin and Paralegal Anna Fatovic secured a win on unrelated wage loss in a New York Workers’ Compensation claim. This claim involved a direct support professional who claimed causally related lost time, and was thereafter terminated due to failure to provide updated medical evidence of work restrictions. Attorney Halpin presented an employer witness, who confirmed that the employer attempted to accommodate the claimant and offer light duty work but could not proceed without concrete restrictions.
During oral arguments, Attorney Halpin pointed out that the claimant’s loss of wages after her termination stemmed from her own unresponsiveness and failure to supply the required medical information, rather than from any disability. Attorney Halpin further argued that although the treating provider repeatedly assigned a marked temporary disability, none of the reports listed specific limitations necessary for the employer to determine appropriate light duty accommodations. Based on the testimonial evidence and lack of supporting medical documentation, the Law Judge found the wage loss unrelated to the injury as of the termination date, and directed no awards beyond that point. As a result of this favorable outcome, Carrier’s exposure was substantially mitigated.
