Earlier this year, the firm was retained on a claim where the claimant was adjudicated with a permanent total disability in 2016. The claim’s costs were escalating in dramatic fashion due to nine (9) different brand name medications being prescribed by a treating physician. This treating physician was previously successful in being deemed credible on the very same issue in 2018.
After a comprehensive review of the file, LOIS Partner Attorney Christian Sison recommended an IME physician whose medication weaning opinions had been upheld in previous cases. That IME physician then recommended immediate discontinuance or regimented weaning of all 9 medications that were still being prescribed by the treating physician. After litigation was initiated due to this report, a hearing was scheduled by the New York Workers’ Compensation Board.
At this hearing, Christian argued that the claimant’s doctor’s rebuttal report did not comply with judicial directives considering the Non-Acute Pain Medical Treatment Guidelines and an assessment of the claimant’s Morphine Equivalent Dose. Christian also argued that the claimant failed to timely request cross-examination the IME physician that recommended weaning. The Law Judge agreed, rejecting the claimant’s arguments and imposing an order in complete coordination with the IME physician’s opinion. The result is sure to be a major cost-savor for the firm’s client!
CASE: RY v. AGC
CLIENT: A National Insurance Carrier
DATE OF DECISION: July 30, 2020
LOIS ATTORNEY: Christian Sison, 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.