Winning Results

LOIS Wins Trial By Challenging Claimant’s Lack of Medical Evidence

The claimant, a 56-year-old catering driver that alleges a right elbow/forearm injury sustained while pulling the emergency brake in his delivery truck on October 28,2020. This matter was established to the right elbow and forearm pursuant to the Proposed Notice of Decision filed on February 11, 2021.

An IME was performed on April 26, 2022. He opined a 10% SLU of the right elbow.

An EC-81.7 was issued May 19, 2022 that gave the claimant 60 days to obtain a permanency report. The claimant failed to do so and an RFA-2 was filed by us on October 27, 2022 to address permanency.

At the last hearing the Law Judge addressed the RFA-2. We argued for preclusion of a treating report on the issue of permanency as the claimant failed to comply with the EC-81.7. Ultimately, the Law Judge agreed with our position and implemented the IME opinion of a 10% SLU of the right elbow. The case was marked no further action.

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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.

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