LOIS Successfully Dismisses Motion for Medical and Temporary Benefits

LOIS obtained a favorable motion outcome as it relates to its New Jersey Workers’ Compensation practice. There, the Petitioner’s claim was a denied occupational claim for bilateral carpal tunnel syndrome allegedly caused by repetitive movements while working as a pharmacist technician. This allegation came after the Petitioner had been working for a mere 90 days for the employer with repeated attendance issues. Upon answering the claim, a denial was set for lack of causal relationship. The Petitioner concurrently filed a Motion for Medical and Temporary benefits seeking treatment as well as temporary disability benefits for Petitioner’s time out of work.

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LOIS Obtains Disallowance for Claimant’s Failure to Prove “Repetitive Use”

LOIS Senior Associate Attorney Stephen McLinden prevailed on appeal of a New York Workers’ Compensation occupational disease claim due to repetitive use to the back. In this claim, the Claimant effectively retired from her home health aide position in July 2020 and started prosecuting the claim against the employer about a year later. The Claimant repeatedly failed to produce all prior medical records and the initial treatment records related to the back. In testimony, the Claimant suggested that she changed assignments over the years and that this sometimes involved heavier individuals or pushing wheelchairs more frequently than others. McLinden argued that some of the Claimant’s descriptions of her job duties seemed dubious, such as pushing heavy shopping carts and lifting heavy pots of food, as it did not meet the standard of repetitive use.

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LOIS Proves Bad Faith Search for 2,500+ Labor Market Attachment Job Submissions

In a rather unique New York Workers’ Compensation case involving a Claimant directed to look for work since January 2023, the Law Judge found that there was no attachment to the labor market after a contentious two-day trial. The Law Judge noted that the Claimant submitted more searches than the Law Judge had ever “seen in [his] career” – 2,300 job searches with an additional 200 submitted in advance of the second half of the adjourned trial.

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LOIS Promotes Attorney Dan Gillis to Senior Associate

Dan Gillis has been promoted to Senior Associate at Lois Law Firm, one of the most respected and innovative employment defense firms in the nation. “Dan possesses extensive trial, settlement, and counseling experience in a wide range of worker’s compensation matters, particularly in cross-jurisdictional matters, and we are proud to recognize his growth at the Firm,” says Greg Lois, Managing Partner of Lois.

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Jeremy Janis, Esq., Elevated to Partner at Lois Law Firm

Jeremy Janis has been elevated to Partner at Lois Law Firm, a mid-size Firm with offices in New York, New Jersey, and Connecticut. “I am proud to call Jeremy my partner,” says Greg Lois, Managing Partner of his namesake firm. “Jeremy’s specialized expertise, aggressive advocacy, and extensive case preparation are the principles upon which this Firm was founded and his extensive record of judgments and settlements proves that he is one of the best advocates in the industry.”

With eleven attorney partners and more than 40 associate attorneys, LOIS prides itself on giving each case the complete attention it deserves and requires at every step of the legal process. “When a claimant’s firm sees that we’ve taken on a case, it’s a game-changer,” says Declan Gourley, a partner leading an active trial team. “We have consistently excelled what a typical defense firm can do, and that’s reflected in our results.”

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LOIS Attorney Kristine Rosales Wins on Labor Market Attachment in New York

LOIS Attorney Kristine Rosales and LOIS Paralegal Andrea Hayles secured a labor market attachment win in a New York Workers’ Compensation case against a Claimant who was directed to produce job search proofs. During trial, Attorney Rosales impugned the credibility of the Claimant during cross-examination, whereby she elicited favorable concessions, including that the Claimant did not know his work restrictions; that his applications to jobs did not correlate to his experience, qualifications, or capacity to perform; that the Claimant attended ACCES-VR appointments only five days before the hearing; and that there was no follow-up on his job applications. Rosales maintained that there was no good faith effort in the job search based on the Claimant’s failure to look for work within his medical restrictions, failure to actively participate with an employment agency, and failure to show that the job search was independent, timely, diligent, and persistent.

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LOIS Achieves Disallowance by Reaffirming the “Coming-And-Going” Rule

LOIS Senior Associate Adam Lowenstein successfully argued that a motor vehicle accident was not compensable under the New York Workers’ Compensation Law. The Claimant alleged that an accident took place while she was taking an Uber to work in light the accident occurring at the entrance to the employer’s premises. Alleged injuries included the neck, back, right shoulder, left shoulder, right hand, right wrist, left hip, left knee, consequential depressive disorder, anxiety disorder, cognitive disorder, and post-traumatic stress disorder. Lowenstein’s investigation revealed that that the Uber was not paid for by the employer, nor was directed to be used as transportation. It was confirmed that the Claimant worked at a fixed location, did not bring any work home with her, and was not a portal-to-portal employee. Moreover, the Uber was not yet on the employer’s premises, nor was the other vehicle involved related to the employer. Lowenstein then disclosed video footage of the alleged incident in question and admitted same into evidence.

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Disallowance Secured in Light of Claimant’s Unbelievable Testimony

LOIS Associate Attorney Kristine Rosales and LOIS paralegal Andrea Hayles collaborated to successfully secure disallowance of a New York Workers’ Compensation claim. The Claimant testified that his face was struck by a hose pipe while cleaning it, that he lost consciousness for 20 minutes thereafter, and then that he fell off a roof. The employer-witness provided completely contrary testimony, noting that the Claimant had not reported any accident, worked an entire month after the alleged accident date, and then thereafter worked for another construction company while concurrently working for GrubHub and UberEats. Despite this contrary testimony, the Claimant’s argument was that the Independent Medical Examiner (IME) conceded causal relationship between the complaints and the alleged injuries.

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