Author: Jones Jones

Partner David Secemski recently secured a favorable decision in a WCL Section 120 case before the New York State Workers’ Compensation Board (NYSWCB) on the grounds of discrimination.

The claimant experienced two separate work-related injuries in 2022. After a brief period of lost time following one of the injuries, the claimant returned to work. Both cases resolved with a schedule loss of use (SLU) award. Thereafter, the claimant made a claim against the employer for discrimination under WCL Section 120.

The claim alleged that the employer retaliated and discriminated against the employee for having filed or pursued Workers’ Compensation benefits. In this case, the claimant remained an employee after the injuries but was demoted. He claimed the demotion was the direct result of the two Workers’ Compensation claims he pursued. Secemski sought records from the employer to demonstrate the demotion was due to job performance and worked with the claimant’s supervisor to prepare for testimony.

Secemski argued that the claimant’s demotion was based on a bona fide business decision and was not discriminatory or retaliatory. With the burden of proof for such claims on the claimant, Secemski demonstrated that the claimant failed to provide such proof.

When successful, WCL Section 120 claims can require the employer to make payment for retroactive lost wages, take corrective action to restore the claimant to his or her position as well as pay for any attorney’s fees over and above a monetary award to the claimant. The decision in favor of Secemski potentially saved the employer tens of thousands of dollars and prevented them from having to promote the claimant to a position for which they felt he was not qualified.

Please join us in congratulating David Secemski on his incredible work. Contact our appellate team at clientservices@jonesjonesllc.com if you are in need of assistance with a workers’ compensation case.

Jones Jones LLC is pleased to share that Associate Diandra Archibald led a successful appeal before the New York State Workers’ Compensation Board (NYSWCB) alongside her team.

The Administrative Law Judge initially ruled in favor of the claimant in a shoulder injury claim, stating Archibald and her team waived their opportunity to cross-examine the claimant’s treating doctors. Given the claimant’s inability to recall their supervisor’s name and an incomplete filling of the C-3 form, the Jones Jones team requested to substitute a lay witness. This request was denied. 

Archibald diligently contested the Judge’s denials, ensuring any objections were formally documented and thoroughly explained. Upon appeal, Archibald effectively reiterated all arguments, supported by relevant case law and thorough analysis. The Board Panel ultimately sided with Archibald and returned the matter to the calendar for further development. After nearly two years of litigation, the claim was disallowed. In securing this victory, Archibald saved the carrier approximately $70,000 in indemnity payments, potential schedule loss of use (SLU)awards, as well as potential medical treatment costs, as the claimant had been out of work for more than one year.

Congratulations to Archibald and her entire team. If you are in need of assistance with a workers’ compensation case, please contact our appellate team at clientservices@jonesjonesllc.com. 

Jones Jones LLC is excited to announce we are now members of the Workers’ Compensation Defense Institute, (WCDI), an alliance of leading U.S. workers’ compensation law firms. By joining the WCDI for New York State representation, Jones Jones is joining 16 other law firms in their commitment to quality legal services, with access to a network of lawyers across 14 states and a multitude of jurisdictions.

According to WCDI’s website, the mission of the organization is to: “provide individual and collective training to serve as a comprehensive resource on multiple jurisdictions in the continually evolving industry of workers’ compensation law.” In joining WCDI, Jones Jones lends our expertise in New York to the capabilities of the organization while simultaneously gaining access to top legal minds in the workers’ compensation space across the U.S.

As one of our first steps as a WCDI member, Jones Jones Managing Partner Sarah Thomas is speaking on behalf of the firm and the organization at the Workers’ Compensation Institute’s Annual Conference in Orlando, Florida in August to present on all matters related to workers’ compensation in New York. We hope to see many of you there.

Jones Jones LLC is pleased to announce that Partner Stacee Vaikness recently secured a favorable decision before the New York State Workers’ Compensation Board.

In this case the plaintiff filed a claim on October 11, 2022, requesting total right hip arthroplasty with a Sept. 7, 2022, medical report to support the claim. In the Oct. 11 claim, the plaintiff complained of an injury sustained at work in April of 2022. Vaikness and team filed form FROI-04 First Report of Injury-Denial, raising issues in controversy including failure to report accident timely, no causal relationship and no compensable accident/not in course and scope of employment. On June 15, 2023, the workers’ compensation law judge (WCLJ) authorized the left total hip replacement, accepting an original oral notice of injury and excusing timely notice due to the claimant not appreciating the severity of the injury.

On June 21, 2023, Vaikness and her team requested a review of the decision filed. The team argued the case was improperly established due to the claimant failing to provide proper notice of the accident pursuant to WCL § 18 and not providing a valid excuse for their failure to provide notice. In the review the workers’ compensation review board found the claimant did not provide written or oral notice of the accident to their employer within 30-days of the accident. With the board’s finding, the amended decision filed on June 21, 2023 was reversed and the claim was disallowed pursuant to WCL § 18.

The success of this case hinged largely on Vaikness and her team having a strong understanding of WCL § 18 and utilizing that knowledge to successfully argue the claimant did not sufficiently provide written or oral notice within the required 30-day period. Additionally, the board’s decision to reverse their amendment was significant because despite the claimant’s clear violation of WCL § 18, the board often excuses late notice and allows the case to be established.  In this case, Vaikness and her team were able to showcase that the case was improperly established and highlight the claimant’s lack of a valid excuse, leading to the decision to disallow the claim.

Congratulations Stacee Vaikness. If you have a case similar to this one and are in need of assistance, please connect with our appellate team today at clientservices@jonesjonesllc.com!