LOIS Attorney Kristine Rosales and LOIS Paralegal Andrea Hayles secured a labor market attachment win in a New York Workers’ Compensation case against a Claimant who was directed to produce job search proofs. During trial, Attorney Rosales impugned the credibility of the Claimant during cross-examination, whereby she elicited favorable concessions, including that the Claimant did not know his work restrictions; that his applications to jobs did not correlate to his experience, qualifications, or capacity to perform; that the Claimant attended ACCES-VR appointments only five days before the hearing; and that there was no follow-up on his job applications. Rosales maintained that there was no good faith effort in the job search based on the Claimant’s failure to look for work within his medical restrictions, failure to actively participate with an employment agency, and failure to show that the job search was independent, timely, diligent, and persistent.
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