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Major Win Alert: Jones Jones Associate Wins Order of Dismissal

Congratulations to Jones Jones LLC Associate Erica Francisco-Lau and her team for leading a successful Order of Dismissal in front of the Jersey City Workers’ Compensation Court.

 

In this case, the medical provider claim in question originated in New York, with the claim stating the petitioner was injured in New York and works for a New York employer. The petitioner is a New Jersey resident and received medical treatment associated with her claim in New Jersey. As the usual, reasonable, and customary standard is higher in New Jersey than the New York fee schedule, the applicant filed their claim in New Jersey.

 

Francisco-Lau filed a response to the New Jersey medical provider claim denying jurisdiction as the petitioner works in New York, her accident occurred in New York, and she had a New York claim. The team further argued jurisdiction could not be established on the sole basis of residency. The motion to dismiss was opposed by the petitioner’s representation because the petitioner claimed she was hired remotely while in New Jersey.

 

The petitioner was unable to present a copy of her hiring documents to confirm where she was hired, and the petitioner stated she could not recall where she was hired and only worked in New York. Opposing counsel confirmed the petitioner would consent to the Order for Dismissal with prejudice to be entered by the Court. The Court filed the executed Order of Dismissal with prejudice signed by the judge earlier this year.

 

Please join us in congratulating Francisco-Lau and the entire Jones Jones LLC team. If you are in need of assistance with a workers’ compensation case, please contact our team at clientservices@jonesjonesllc.com.