Winning Results

LOIS Wins Reclassification Argument

In a case where a 7-year-old decision found a claimant to have a permanent total disability, LOIS Partner Christian Sison requested a reclassification of the claimant based on covert surveillance that discovered the claimant’s ability to perform activities that were initially deemed impossible. The claimant was previously found to have an exertional ability that limited her to perform sedentary work. However, evidence produced after the permanent disability finding indicated otherwise, with the claimant seen performing various household activities without the use of the assistive device previously alleged to have been necessary.

The tactic caused the claimant to write a personal letter to the Judge, arguing that a reclassification was unfair. However, Christian pointed out that in prior trials for this specific case, the claimant had incredulously asked for her daughter to be paid as the claimant’s personal home health aide. Christian connected the surveillance videos with the medical reports to link the claimant’s lack of credibility.

The Law Judge agreed that a reclassification was proper. In reversing the permanent total disability finding, the case exposure changed from a benefit in perpetuity to a much smaller fixed period of 250 weeks. The drastic change in exposure is now likely positioning the case for an amenable settlement and an efficient resolution.

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

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Learn More About New York Workers’ Compensation Defense at LOIS

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.

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