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LOIS Attorney Secures Disallowance of Alleged Injury Immediately After Return to Work

Lois Law Firm was recently able to procure a disallowance from on controverted claim for the lumbar spine. The claimant alleged an injury to his lumbar spine on the day after returning from work a left shoulder injury. He stated that he had pain in the right hip and right leg and problems sleeping. He reported to the employer that he felt sore after returning to work and that it worsened as he continued to work over the next few weeks. He first sought treatment a few weeks later, denying any specific injury or incident.

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LOIS Earns Disallowance of Controverted Shoulder Claim in Light of Prior Rotator Cuff Repair Surgery

Lois Law Firm was recently able to procure a disallowance from the Law Judge even after accepting the claim without liability because of the flaws we highlighted in the treating doctor’s awareness of a prior surgery. The claimant reported a shoulder injury occurring in October 2020 while trying to remove stuck blankets from a washing machine at work, causing a crack in the bone to the shoulder.

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LOIS’s Settlement Agreement Stands in Light of the Ten-Day Cooling-off Period

LOIS successfully secured its WCL Section 32 Agreement on appeal after a litigious battle against a rogue Claimant. The Claimant alleged that she suffered repetitive injuries to both wrists, shoulders, the neck, and the right knee as a result of carrying computer equipment. The Carrier and the Claimant agreed to a nominal WCL Section 32 Agreement so as to close the case before the compensability trial. Following the settlement hearing, the Claimant (without informing her counsel) wrote a letter to the Board, requesting for clarification as it related to the outstanding medical bills, despite the Agreement patently outlining how these bills would be resolved. The Claimant then indicated her intention to withdraw about four weeks, 14 days after the close of the 10-day waiting period.

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Successful Defense in Off-Premises Going-and-Coming-Case

The claimant, a “Stockman” employed by a supermarket, was injured when he was struck by a motor vehicle while crossing a street. As a result, the claimant alleged multiple serious injuries including a skull fracture. Our client advised that the claimant had left for lunch and never returned. We recommended denying the case on the basis that the accident did not arise out of the course the claimant’s employment, as accidents occurring on lunch breaks are generally not compensable. In other words, the “coming and going” rule would apply.

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LOIS Prevails on New York Workers’ Compensation Exclusivity Summary Judgment Motion by Establishing Special Employment

In a civil action where the claimant/plaintiff had already received over $500,000 in workers’ compensation benefits and then sued the staffing company that provided the co-employee who harmed him, Lois Law Firm successfully argued for summary judgment on the ground that the claimant/plaintiff’s action was barred by Sections 11 and 29(6) of the New York Workers’ Compensation Law.

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Lois Law Firm Wins at Trial, Affirmed on Appeal

Lois Law Firm recently secured a favorable Board Panel Decision, which affirmed a trial win in which the claimant had been found to have no disability and no permanency to the neck and back, as well as 0% SLUs for the right arm, right hand, right leg, left foot, and right foot. This case had a very high potential exposure based on the amount of injuries the claimant had sustained, but we were able to secure a finding of no permanent injuries to any of the established sites. This case was established for injuries to the bilateral knees, left hip, neck, back, right elbow, right wrist, right hip, and bilateral ankles.

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Attorney Tashia Rasul Wins Fraud Finding

Lois Law Firm Construction Practice Team Leader, Tashia Rasul, successfully won a judgment of Section 114-a fraud at the Board Panel level after the workers’ compensation Law Judge found no fraud and noted that the carrier’s application for a fraud finding was borderline frivolous. This fraud finding was not based on the usage of covert surveillance, but instead on documentary evidence provided by the claimant himself, his testimony, and his statements to his doctors and the IME doctors, that were fully contradicted by records of treatment from prior to the date of loss. 

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