LOIS Attorney Bailey Ott was recently able to successfully have a bilateral carpal tunnel/wrists claim disallowed at the Pre-Hearing Conference as being time-barred. The claimant alleged injuries due to repetitive use of her hands. Her initial medical records she submitted to the Board were from August 10, 2015 and noted that the claimant had onset of carpal tunnel syndrome two months prior from overuse. On the date of the Pre-Hearing Conference Claimant’s counsel uploaded a medical report from a June 9th examination. In that medical report it was noted that the claimant had “been experiencing this since approximately 2015 while working as a program director performing repetitive activities such as excessive typing, lifting, pushing, pulling, cleaning, et cetera.” Further, in the doctor’s treatment plain he noted, “I would strongly recommend inclusion/establishment of bilateral hand/wrists due to repetitive mechanism/occupational disease due to activities performed at work as of 2015 as described.” We vehemently argued that this was proof that the claimant knew or shoulder have known that she had developed this condition as a result of her work in 2015, which was supported by the three medical reports in the Board File from 2015.
The Law Judge agreed with our position and disallowed the claim as it was time-barred. He noted that it was clear that the claimant had been experiencing these symptoms since 2015. He pointed out that the key phrase in the medical report was “while working as a program director performing repetitive activities.” The Law Judge explained that for an ODNCR claim to stand, it must be made within two years from the time the claimant was first diagnosed, or should have known that the symptoms or injury were causally related to a work related activity, which in this case the claimant clearly did know. The Law Judge disallowed the claim citing our argument that the latest the claim could have been brought was 2017, which was now three years too late.
CASE: FO v. LCS
CLIENT: A National Insurance Carrier
DATE OF DECISION: July 2020
LOIS ATTORNEY: Bailey Ott, Esq.
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.
Our approach in New York.
Within seven (7) days of referral, we provide your adjuster with a comprehensive legal action plan and budget, setting out the likely exposure, plan of action to get the case to close, analysis of any potential legal defenses, and identify the handling/trial attorney and paralegal assigned to the case. We provide you with any court- or venue- specific information, such as who the judge is, evaluation of the treating providers, best IME doctor to use, etc.
Who we are.
All of our attorneys are 100% dedicated to defending worker’s compensation claims. While we do some associated general litigation (usually subrogation related to a workers’ compensation claims we handle) all LOIS attorneys focus their practice on workers’ compensation.
We have tried dozens of cases to conclusion this year in each of the courts we go to. We are aggressive in pursuing appeals and our practice has an above-average record on winning appeals.
We Handle the Entire State.
We appear in all New York City courts and all “upstate” hearings. We handle all workers’ compensation hearing locations in the State of New York.
City hearing points:
- Queens (Jamaica)
- Staten Island
- White Plains
- Garden City
We attend all Hearing Points statewide:
- Albany (Menands)
- Newburgh (New Windsor)
- New City
- Saranac Lake
Contact partner Greg Lois with questions or to make referrals.