Winning Results

Left knee claim disallowed by the trial judge on March 6, 2019 due to conflicting histories and mechanisms of injury, initial records which indicated a degenerative osteoarthritic condition, the fact that she filed for short-term disability, and because the first records referencing a work-related condition were not generated until three months after the alleged accident. Notably, the employer’s expert report conceded a left leg injury.

Partner Declan Gourley recently won an appeal that defines what a good faith effort and a “meaningful work search” is for a highly-qualified claimant. By winning this appeal, all money benefits were terminated! This decision illustrates the value of a carefully-prepared cross examination when challenging the validity of a work search conducted by the claimant.

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.

LOIS won on appeal in a case that was initially established for a severe head injury and traumatic brain injury (TBI) at trial when handled by another defense firm. At trial, the claimant argued that he was struck by a car on his way back to the restaurant where he was working following his final delivery of the night. The potential exposure on the claim was so great that when the prior defense firm did not recommend appealing the Board’s establishment of the claim, by informing the carrier that there was little likelihood that the decision would be overturned on appeal, the carrier referred the claim to Lois Law Firm to draft the appeal. On appeal, it was argued that a review of the police report and other documentary and testimonial evidence produced at trial rendered the claimant’s recitation of the facts impossible, and as such, the decision should be reversed, and the claim disallowed. In a unanimous Memorandum of Board Panel Decision, the Board Panel agreed with the arguments made on appeal, reversed the decision establishing the claim, and disallowed the claim in its entirety.

LOIS recently won a trial in which the claimant refused a light duty offer and submitted a job search that was determined insufficient by the Law Judge at the New York Workers’ Compensation Board. By winning this trial, all indemnity benefits were terminated. This decision illustrates the value of a carefully-prepared cross examination when challenging the validity of a work search conducted by the claimant.

Lois Law Firm was successful in overturning a trial judge’s decision imposing penalties on an employer for making late payment on an award. In a Notice of Decision (written decision) the the Board Panel rescinded the finding of a late payment penalty of $5,900 assessed by the trial judge on the SLU award.

Lois Law Firm was successful in getting a claim disallowed by the trial judge on January 17, 2019 as medical causation for sarcoidosis had not been established. Sarcoidosis is a disease involving abnormal collections of inflammatory cells that form lumps known as granulomas. The disease usually begins in the lungs, skin, or lymph nodes. In this case, the claimant alleged exposures in the workplace led to the development of the condition.

LOIS successfully defended an employer directly against a workers’ compensation claim and got them dismissed from the claim. The employer hired us directly to defend their interests in a workers’ compensation claim filed against them. An employee leasing entity provided the employee along with worker’s compensation coverage.

This World Trade Center claim disallowed by the trial judge on October 23, 2018 as routine work duties of a security guard are not covered by Article 8-A.