Winning Results

This was an accepted claim with authorized treatment. Permanency reports were exchanged, the case was conferenced and the Judge of Compensation gave her opinion as to value. The client granted authority as per the Judge’s recommendation and we presented an offer to the Petitioner’s counsel in November of 2018. The attorney delayed for months with various excuses, including “my client didn’t call me back”, and “I haven’t had the chance to speak to him yet”, etc. We filed a Motion to Dismiss after hearing one too many excuses. LOIS attorney Joe Jones aggressively pursued the dismissal Motion and was able to argue that the case should be dismissed as the petitioner and/or the attorney had no interest in moving the case forward.

The Judge agreed enough was enough and dismissed the case.

In this claim which arose out of a construction injury, the claimant asserted he was entitled to lost time awards following his accident, and produced medical evidence assessing an ongoing total disability.

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.