LOIS Litigation and Appeal Teams Obtain Lifetime Fraud Penalty Against Claimant

A LOIS Litigation team comprised of Partner Christian Sison and Paralegal Brianna Nicolas obtained a reclassification win for a Hotel client earlier this year. In L.Q. v W.N.Y.T.S., the claimant had been found to have sustained a permanent total disability, entitling her to lifetime indemnity benefits. The Hotel transferred the case for LOIS to provide a different approach, which resulted in using surveillance to argue that the claimant was no longer suffering from the permanent total disability.

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LOIS Attorney Wins on Attachment to the Labor Market Defense

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.

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LOIS Wins in Fraud Case Where Claimant Failed to Disclose a Prior Injury

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.

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LOIS Attorney Secures a Disallowance for a Construction Case

LOIS attorney Meisha Powell succeeds in persuading the workers’ compensation Law Judge that the Claimant formulated an accident on a large construction site, by casting doubt in the claimant’s version of the events. Immediately after the case was referred to attorney Powell, witnesses were contacted so that relevant information could be gathered regarding the claimant, and this alleged accident. Attorney Powell and her team was able to determine that the claimant did not suffer a work-related accident on the construction jobsite that was covered by the Carrier’s (OCIP) site specific policy.

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LOIS Obtains Disallowance on Lack of Notice Case

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.

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LOIS Litigation Team Uncovers Crucial Fact to Secure Trial Victory Without Producing Lay or Expert Witnesses

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.

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LOIS Obtains Disallowance and Fraud Finding 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. 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.

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