LOIS Attorney Addison O’Donnell secured a victory for his client by winning contribution from the Uninsured Employer’s Fund in a result that reduced the client’s exposure significantly.
Before the case came to LOIS, four laborious trials had been conducted on the issues of coverage and employer-employee relationship. The trials involved several inaccurate language translators and the discovery of numerous real estate shell corporations as a result of the Claimant’s testimony. The Uninsured Employers’ Fund (UEF) continued to assert that it did not cover the claim, as its uninsured real estate shell corporation did not employ the Claimant. The Law Judge ultimately ruled that the UEF should be discharged and decided that the Carrier that covered an unrelated Mexican restaurant was liable.
Then, that Carrier called on LOIS to turn things around.
Appellate Attorney Addison O’Donnell was up for the challenge. He On appeal, Addison O’Donnell untangled the convoluted facts and fashioned a narrative as to argue that the client could not logically be held liable: the Claimant, a maintenance worker, testified that he was an employee for a Mexican restaurant in the Lower East Side but also alleged injury while working in a residential building under construction in SoHo. Addison conveyed in his appeal that the record factually supported that the proper employer was the uninsured real estate corporation in SoHo and not the humble Mexican restaurant.
The Board Panel acknowledged that the record was regrettably and improperly developed, agreeing that the Carrier for the Mexican restaurant could not be held entirely liable based on the totality of the circumstances. The Board Panel then took the rare and unusual step in impugning 60% liability on the Fund. Addison was able to convince the Board Panel that The UEF could not ignore its liability based on the mere fact that the real estate shell corporation factually employed the Claimant. His arguments left the Board Panel with no other choice but to render a Solomonic decision.
LOIS attorneys pride themselves to defend from day one as to ensure that their clients are on the right path from the start. But if Carriers need a problematic case to be put back on track, LOIS attorneys like Addison are able to respond to the call, put up a fight, and help their clients make a comeback.
CASE: EJC v. JG
CLIENT: A National Insurance Carrier
DATE OF DECISION: August 20, 2020
LOIS ATTORNEY: Addison O’Donnell, 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.