Winning Results

LOIS attorney Connor Wetherington was successful on appeal in getting an “on the premises” lunch time accident involving the neck, back, bilateral shoulders, and bilateral knees claim disallowed. At the February 24, 2020 trial, Wetherington developed the record obtaining numerous concessions as to the claimant’s delay in bringing the claim and the lunch time policies set by the employer. However, the trial judge found the claim to be compensable and established the claim, inclusive of lost time awards.

LOIS attorney Nicholas Minerva recently won a decision favorable to his client, a national insurance carrier and their insured, in a case involving concealment of prior medical history shown at trial. The Court ruled that the claimant had committed fraud and as a result, all benefits issued were rescinded.

Noah Pollack, member of the Construction Defense Team at LOIS, recently won a case where the claimant alleged being assaulted by another employee at work at night. The claimant had just met the co-worker on the day of the alleged assault. The claimant had filed a police report, and the co-worker had actually been charged with assault. There were hospital records from the claimant from the morning after the assault.

LOIS attorney Karen Vincent prevailed in the defense of a motion to restore in the New Jersey Workers’ Compensation Court. In that case, where Vincent represented the carrier, the petitioner filed a formal claim petition alleging an accident on June 11, 2016 with significant injuries to the lumbar spine. LOIS filed a Motion to Dismiss for lack of employment arguing that the petitioner was a 1099 independent contractor. Petitioner was unable to oppose the original Motion and instead requested a consensual dismissal without prejudice for lack of prosecution.

LOIS prevailed in a case where the claimant was directed to produce evidence of attachment to the labor market because his doctor conceded a partial disability. Instead, the claimant produced evidence that he underwent authorized surgery a week before the hearing. The claimant also argued that he did not have to look for work as he was still employed by the employer of record. He submitted a letter from the employer allegedly confirming the claimant was employed.