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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 Christopher J. Major, Esq., Partner 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).

LOIS Partner Christian Sison was asked to defend a self-insured employer in a difficult case (K.S. v R.G., Inc.), wherein the claimant sustained burns after a pilot light on a grill malfunctioned. As the claimant’s rehabilitation progressed, LOIS secured a judicial ruling that the claimant had a temporary partial disability that required the claimant to mitigate the damages by looking for work within those restrictions or pursuing vocational rehabilitation. However, LOIS also was able to suspend indemnity benefits because of the claimant’s separate failure to produce medical evidence to substantiate wage loss benefits.

The claimant alleged having sustained a work injury when he fell while carrying a large pot of boiling hot ingredients, resulting in burns to his chest, legs, left arm, back, bilateral legs, left knee and left ankle. The claim was denied on the basis that the claimant was visibly intoxicated when he came in to work.

The claimant was injured on January 31, 2022, while pushing a stretcher in a driveway, slipping, and falling on ice. At the hearing on August 1, 2022, the claim was established to the left shoulder with an AWW of $1,050.39 without prejudice. At a hearing on December 6, 2022, the Law Judge found PFME for left-hand carpal tunnel syndrome.

The claimant, a 56-year-old catering driver that alleges a right elbow/forearm injury sustained while pulling the emergency brake in his delivery truck on October 28,2020. This matter was established to the right elbow and forearm pursuant to the Proposed Notice of Decision filed on February 11, 2021.

The Claimant alleged that he sustained various injuries to the left leg, right knee, left knee, neck, left shoulder, entire back, left wrist, right wrist, and right elbow while loading cargo into a truck. The Board found the neck, back and left shoulder as established sites by prima facie evidence. The Claimant failed to report prior injuries to the established sites during his medical examinations addressing his alleged injuries resulting from his instant claim.