Jones Jones LLC congratulates Associate Diane Mandleur on successfully reversing a decision regarding restarting and continuing awards in front of the New York State Workers’ Compensation Board.
In this case, the claim previously established injuries to the claimant’s left ankle and foot with a temporary moderate degree of disability. The claimant’s podiatrist later stated the claimant had 100% degree of disability. In a later hearing, the workers’ compensation law judge (WCLJ) directed the claimant to submit proof of labor market attachment, such as job applications, due to concern from the self-insured employer (SIE) . The WCLJ determined the claimant had provided sufficient proof of labor market attachment and awarded benefits for the corresponding period of time.
When appealing the decision, Mandleur researched each individual job posting submitted by the claimant and calculated the distance and time it would theoretically take them to get to work. Of the 96 job applications filed, 71 of the locations were at least 45 minutes from their home with numerous employers an hour and a half away. This distance would make it difficult for the claimant to work these jobs as they do not have a car or drive.
Additionally, the claimant did not participate in reemployment services or vocational programs that qualify as displaying labor market reattachment under American Axle. As a result, the WCLJ found that the record did not support a finding of a good-faith job search in support of continuing awards.
Mandleur’s diligent research and close attention to detail secured a reversal of the decision. If you are in need of assistance with a worker’s compensation case, please contact our appellate team at clientservices@jonesjonesllc.com.