LOIS Wins Labor Market Attachment Trial, Highlights Lack of Good Faith Effort to Search for Jobs Within Claimant’s Locality

LOIS Associate Kristine Rosales and LOIS Paralegal Andrea Hayles secured a labor market attachment win in a New York Workers’ Compensation claim against a Claimant who earlier did not produce job search, but produced an elaborate online job search. During cross-examination, Attorney Rosales obtained damaging concessions from the Claimant, including an admission that the jobs the Claimant applied to were outside his medical restrictions; that the Claimant was not even qualified for the other jobs he applied for; that the Claimant applied for jobs that are at least 1-1.5 hours away from his home; that he did not undergo vocational rehabilitation or make an appointment with the Department of Labor or other similar agencies; and, since his injury from six years ago, the Claimant did not study English. On re-direct examination, the Claimant’s counsel highlighted that the Claimant was incapable to perform the jobs that he applied to. He testified that he was unable to go upstairs and walk fast, that he could not carry above the shoulders, and that he could not sit or stand for long periods of time. After the Claimant’s testimony was taken, Attorney Rosales argued that Claimant should not be found attached to labor market, as the jobs he applied to are mostly laborious in nature and outside his medical restrictions. As for the other jobs that the Claimant applied to, she argued that the Claimant lacked the requisite qualifications. Moreover, the Claimant did not apply for jobs within his locality and in areas that were geographically undesirable. The Law Judge upheld the position of Attorney Rosales and ruled that Claimant is not attached to labor market. As a result of the favorable outcome, indemnity payments remained suspended.