News & Articles

LOIS obtains a no attachment to the labor market finding after arguing the claimant failed to conduct a timely, diligent, or persistent work search. The claimant was classified as having a permanent partial disability but was deemed unattached to the labor market and was directed to produce evidence of a timely, diligent, and persistent work search.

LOIS Attorney Kristine Rosales successfully defended a WCL 114-a fraud claim against a claimant who failed to disclose work activity with a concurrent employer, resulting in the WCB imposing both the mandatory and discretionary penalties, barring the claimant from receiving any future indemnity benefits.

The claimant, was injured on June 18, 2021, when he was stacking and restacking the bread boxes and he felt a pop in his left shoulder. The claimant returned to work, full duty, for the same employer on August 23, 2021.

At a hearing on January 30, 2023 the claim was established to the left shoulder with an AWW of $1,043.49. LOIS attorney Adam Lowenstein questioned the claimant about prior injuries. The claimant disclosed a February 19, 2007 injury to the shoulder, but stated that another prior September 23, 2013 accident involved the left knee only. Both accidents occurred in Pennsylvania. The claimant was directed to provide a HIPAA within 30 days. Both sides were directed to produce permanency reports within 75 days and the case was marked no further action.

LOIS attorney Alexa Cintron was successful in arguing for a disallowance of a 2022 claim, where the claimant alleged he sustained injuries to his back, left hip and tailbone. However, the Claimant failed to provide proper notice to his employer pursuant to Section 18 of the Worker’s Compensation Law. Attorney Cintron was able to obtain favorable testimony from both the Claimant and employer witness, which led the Law Judge to disallow the claim, stating that the Claimant’s inconsistent testimony did not satisfy the element of notice.

LOIS Partner Christian Sison and Paralegal Brianna Nicolas were asked to handle a case, A.A. v H.S.C. LLC, wherein the claimant filed a claim for benefits 1 year after the accident occurred and sought medical treatment 2 years thereafter. In a pre-hearing conference, the Judge precluded the Employer and Carrier from producing certain types of evidence. Although LOIS appealed that decision, Christian and Brianna were undeterred in their efforts to defend the claim.

The Claimant was a delivery man in his position for over thirty years. Over the course of those thirty years, the Claimant filed over ten claims against the same employer, most of which were established. The Claimant previously brought a knee claim which was disallowed within the last year, which Lois Law Firm successfully defended and avoided total knee replacement for both knees. Concurrently, the Claimant brought a claim for the bilateral wrists, alleging both bilateral wrist injuries and bilateral carpal tunnel syndrome.

In a claim with significant future exposure, which was established for multiple work-related injuries arising from a motor vehicle accident, Lois Law Firm trial attorney Hannah E. Bacon Esq., with assists from Partners Christopher J. Major, Esq. and Joseph N. Melchionne, Esq., and Paralegals Nicholas Fortino and Loriana Diaz, successfully argued that the claimant settled his third-party civil lawsuit without the Workers’ Compensation carrier’s consent in violation of Workers’ Compensation Law §29(5) (“WCL §29(5)”) resulting in a Memorandum of Board Panel Decision finding that the claimant is disqualified from receiving any future Workers’ Compensation benefits (including both medical and indemnity).