LOIS Wins on Challenging Additional Body Parts

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.

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LOIS Client Wins by Proving Claimant’s Testimony as to Loss Facts Was Not Credible

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.

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LOIS Wins Reclassification Argument

In a case where a 7-year-old decision found a claimant to have a permanent total disability, LOIS Partner Christian Sison requested a reclassification of the claimant based on covert surveillance that discovered the claimant’s ability to perform activities that were initially deemed impossible. The claimant was previously found to have an exertional ability that limited her to perform sedentary work. However, evidence produced after the permanent disability finding indicated otherwise, with the claimant seen performing various household activities without the use of the assistive device previously alleged to have been necessary.

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LOIS Wins on Preclusion of Claimant’s Medical Reports

The claimant was injured on October 10, 2019, while stepping on stairs to a truck, the stairs gave out causing him to fall. The claim was established for a work related injury to the left knee. The claimant was laid off as of April 2, 2020 due to COVID-19 and lack of work, not related to the injury sustained in the accident. Therefore, no awards were issued for lost time.

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LOIS Combines Section 29(2) Subrogation and Intercompany Loss Transfer to Secure Full Reimbursement

In a case where the injured worker failed to commence suit against the liable third party, we were able to use the statutory rights of subrogation per Section 29(2) of the Workers’ Compensation Law and intercompany loss transfer per Section 5105 of the Insurance Law to secure full reimbursement of what the carrier had paid in workers’ compensation benefits to the claimant.

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Anthony Iler Gets Major Win in Fraud Trial

Lois Law Firm recently won a Board Panel Decision which implemented a lifetime ban on future indemnity benefits as a result of the claimant’s commission of fraud within the meaning of WCL § 114-a. The claim was previously established for injures to the head, neck, back post-concussion syndrome and a consequential left clavicle injury resulting from a 2013 accident.

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