WINNING RESULTS: Claim Disallowed Based on Claimant’s Concealment of Prior Injuries

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. Among those claims were acute injuries to both knees, which resulted in surgery for the right knee in the 1990s. The Claimant received SLU awards to both knees when the Claimant was at MMI.

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WINNING RESULTS: LOIS Prevails in Fraud Trial; Wins Permanent Penalty

Lois Law Firm secured a fraud penalty against a claimant, which resulted in the claimant being permanently barred from receiving any Workers’ Compensation benefits because of his failure to disclose work-activities and giving false testimony at prior hearings. LOIS attorney, Dan Gillis, was able to achieve this though effective cross-examination of the claimant and claimant’s witnesses along with a persuasive argument that the claimant failed to disclose his work-activities after the accident and outright denying any such work-activities at prior hearings and to the Carrier’s IME physicians.

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WINNING RESULTS: PTSD Claim Disallowed Over Fear of Contracting COVID

The Claimant was a delivery driver that alleges in March 2020, he had panic attacks due to making deliveries in crowded grocery stores at the start of the pandemic. He alleged that as a result of the stress at the time, he was diagnosed with both post-traumatic stress disorder. A few days after the panic attacks, the Claimant went on leave and never returned to work.

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WINNING RESULTS: LOIS Wins on Labor Market Attachment in New York

This is a claim where labor market attachment was originally held in abeyance due to COVID restrictions, however, LOIS attorney, Adam Lowenstein, was persistent with raising and pursuing the issue once the Board lifted the COVID restrictions and was successful twice in achieving a finding of no attachment to the labor market. The first time was because the claimant failed to file work search documentation and the second was based on a successful cross-examination and picking apart the sufficiency of the work search.

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WINNING RESULTS: Cross-Examination Results in PTSD Claim Dismissed

The claimant is a 43-year-old gentleman who was born on September 17, 1979. This matter is established for injuries to the claimant’s neck, back, right shoulder, and right wrist. The claimant eventually came under the care of Dr. Robins and at a hearing, the Law Judge found prima facie medical evidence for major depressive disorder.

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WINNING RESULTS: LOIS Attorney Steve McLinden Prevails On Exclusion of Claims in New York

LOIS attorney, Steve McLinden, recently obtained a disallowance of three additional sites in an established claim, which should drastically curtail exposure on a claim that may resolve on a schedule loss of use award comparable to prior payments. This is a claim in which the claimant reportedly tripped in a living space in May 2020 and injured her right shoulder. Our client requested we open a file shortly before a January 2022 hearing, at which the claimant raised the head, neck, and back. Our client then obtained a neurology IME as well as a records review, which each found no causal relation to the additional sites. A total of five doctors were deposed at the law judge’s direction on the additional sites.

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WINNING RESULTS: LOIS Attorney Olivia Barna Prevails on Labor Market Attachment Defense in New York

The claimant was injured on July 14, 2019, when she slipped on wet floor while cleaning. This claim is established to the left knee, back, left hip, and left ankle/foot. The claimant was found to have a temporary partial degree of disability as a September 2021 hearing; therefore, the claimant was directed to produce evidenced of labor market attachment. We filed an RFA-2 when the claimant failed to timely produce evidence of attachment. Moments prior to the hearing on March 7, 2022, the claimant filed evidence of labor market attachment. The Judge found the claimant’s evidence of labor market attachment evidence was not sufficient and suspended benefits.

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WINNING RESULTS: LOIS Attorney Zaraya Wade Prevails on Medical Treatment Issue in New York

The claimant, a then 16-year-old female, was injured on August 19, 2002 when the go-kart she was driving flipped over. Pursuant to Notice of Decision, filed August 20, 2003, this claim was established to include reflex sympathetic dystrophy to the right upper extremities (currently known as CRPS). On February 11, 2009, claimant was stipulated to have a “permanent partial disability” and thus, entitled to lifetime indemnity benefits at the permanent partial rate of $162.50, per week.

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