The claimant submitted a limited number of job searches in support of continued partial-disability awards. Lois Law Firm Associate Yaqarah Letellier and Paralegal Alexandra Olina reviewed the applications individually and identified a repeated mismatch between the positions sought, the claimant’s documented physical restrictions, and the qualifications reflected in the hearing record.
During cross-examination, Attorney Letellier obtained concessions that the claimant applied for standing jobs outside the stated restrictions. The team also showed that several customer-facing positions—such as bartender, server, and cashier—were pursued without evidence that the claimant possessed the language proficiency those positions required, even though an interpreter was needed for the hearing. The issue was not language background itself, but whether the applications represented realistic, good-faith efforts to obtain suitable work.
The New York Workers’ Compensation Law Judge found the claimant unattached to the labor market and suspended awards. For carriers and self-insured employers, the decision demonstrates the benefit of testing job-search submissions for quality, consistency, suitability, and genuine employability rather than evaluating them solely by the number of applications listed.
