Winning Results

Date of Disablement Puts Exposure Outside of Client’s Coverage

LOIS succeeded in getting a claim disallowed against a carrier arguing that based upon the claimant’s testimony at trial and the medical evidence contained in the record, the claimant’s date of disablement should be set by the court outside of the coverage period of our client’s insurance policy. The claimant, who worked as a printer for a prestigious New York City photographer, filed an occupational disease claim arguing that he had suffered injuries to his neck as a result of his years of working as a printer. There were three (3) potential liable carriers associated with the claim and each carrier argued that, if the claim were to be established, the claimant’s date of disablement should be set in the other carriers’ coverage period. Attorney Joseph Melchionne aggressively argued at trial that based upon the medical evidence and the claimant’s testimony at trial with respect to the onset of his symptoms and the schedule of his medical treatment, that the claimant’s date of disablement fell outside of our client’s coverage period. The court was persuaded by Melchionne’s arguments and disallowed the claim.

Case Information

Download the New York Workers’ Compensation Law Handbook

Download Our New York Workers’ Compensation Law Handbook

The 2023 edition of Greg Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

Download Now

Learn More About New York Workers’ Compensation Defense at LOIS

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

Learn More

Get articles delivered to your inbox, once a month.

Subscribe Today!