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New IME Resource Available

At Jones Jones LLC, we understand the importance of working with a good independent medical examiner (IME). A qualified, reputable IME can help strengthen your case, and working with the wrong IME can lead to frustrating decisions and appeals. This is why we are pleased to announce the official Jones Jones list of preferred IME doctors for New York State.

 

This list includes who we believe are currently the best IME doctors in New York State. As Jones Jones serves the entirety of New York state, from Manhattan to the upstate region and everything in between, we wanted to ensure we offered an exhaustive list of IME doctors for all areas of the state as well.

 

From orthopedists and cardiologists to psychiatrists and psychologists, our attorneys spent the last several months reviewing and considering various factors to determine the best IME doctors with whom we work. We reviewed how well the doctors testified, how well their reports were written, their overall communication skills and more. Our panel of attorneys then held roundtable discussions to develop this fair and comprehensive list.

 

For more information on Jones Jones’ resources for clients and colleagues, and to obtain the list please contact sthomas@jonesjonesllc.com.

Major Win Alert: Jones Jones LLC Partner Wins Appeal Case

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

In this case, Rose successfully argued for the law judge’s original decision that the claimant had a 30% schedule loss of use of the left arm to be overturned. Upon the announcement of the original finding, Rose and her team filed for an administrative review of the decision with the New York State Workers’ Compensation Board. Rosanna argued that the original decision was an error as neither medical opinion in this case were credible or in accordance with the Board’s Impairment Guidelines and the Board ruled in her favor.

With this appeal, Rose overturned approximately $65,000 in schedule loss of use awards. In the New York State Workers’ Compensation Board’s new findings, the claimant was found to have a 10% schedule loss of use of the left arm. The 10% disability in this finding exceeds the schedule loss of use as the claimant had already been paid for 31.2 weeks of benefits and therefore nothing moved to the claimant.

The success of this case hinged on Rose’s in-depth understanding of the Board’s Impairment Guidelines. While both doctors found the claimant to have a 30% schedule loss of use in the left arm, Rose understood what evidence and explanation is necessary to fully meet the Board’s Impairment Guidelines and helped showcase that the doctors’ testimonies were not credible, leading to the overturning of the original decision.

Congratulations Rose. 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!

Major Win Alert: Jones Jones LLC Partner Secures Favorable Decision for Big-Box Client

Jones Jones LLC is pleased to announce that Partner Samantha Sharpe recently secured a favorable decision before the New York State Workers’ Compensation Board on behalf of a self-insured big box store.

Samantha successfully secured a disallowance of the workers’ compensation (WC) case following an initial Reserved Decision by the Law Judge. The plaintiff originally signed Form C-3 (Employee Claim) contending injuries to the back, left hip and right hip while lifting heavy materials at work. Both the plaintiff’s doctor and the independent medical examiner (IME) found a causal relationship between the back injury and the work incident. Samantha argued that the case must be disallowed as the treating doctor’s testimony was not credible to support a causally related work accident or occupational disease.

Throughout this case Samantha conducted a thorough review and questioning of all witnesses on what was alleged on the C-3 as the mechanism of injury (i.e., accident vs. repetitive stress injury). Upon completion of the review and questioning, Samantha directed cross-examination of the claimant and doctors to the mechanism of injury. In this case both the treating doctor and IME conceded causal relationship, however it is important to note that a case should not always be established when an IME concedes causal relationship. In this instance, the IME’s concession was based on an inaccurate description of how the injury occurred reported to him by the claimant. The thorough questioning and direction of the cross-examination helped showcase that the doctor’s testimony was not credible and led to the disallowance of the case.

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

Major Win Alert: Jones Jones LLC Partner Wins Disallowance Case

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

In the case of an injured worker versus a home health care company, Samantha successfully argued for the workers’ compensation (WC) case to be disallowed by the Law Judge after finding the claimant not credible. In this case it was found that the claimant’s WC claim appeared to be an afterthought after the claimant’s disability ran out and they were denied unemployment.

The success of this case hinged largely on effective witness preparation and comprehensive document review, demonstrating the critical importance of both in a claim. Samantha noted, “[The witness] had really helpful information including documents relating to claimant’s notice of this injury and filing for disability benefits and unemployment.” These documents, paired with the witness testimony allowed Samantha to rebut the claimant’s testimony in a seamless way that led the Law Judge to disallow the claim. While the claimant’s counsel appealed, the New York State Workers’ Compensation Board affirmed the disallowance finding the claim for WC benefits appeared to be an afterthought when all other resources had been exhausted.

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

Case Closed: Recent Wins for Jones Jones Clients in NY and NJ

We are all familiar with the dread that accompanies an open case. Countless hours and dollars are spent going back and forth with the opposing party, not to mention the stress and headache of ongoing litigation. Focused on resolving this dread, and the related costs, Jones Jones LLC attorneys across New York and New Jersey take a different approach, applying a settlement-first mindset to all cases and handling of workers’ compensation claims. Whether the venue was in live court in New Jersey, virtual hearings in New York or around a conference table in downtown Manhattan — our attorneys’ mission to close claims resulted in several major wins in June.

New Jersey Wins:

Partner Christine Diana and Associate Kristina Jones settled nine workers’ comp claims in a single morning during a recent court appearance. They capitalized on our firm’s unique approach once it was clear all parties were physically present under tenuous conditions. A quick look at some of those wins include:
• A 55-year-old safety officer with multiple claims had already undergone bilateral bicep tendon repair. Rather than leave this claim open to high-cost medical treatment for many years, Christine Diana strategically negotiated a successful settlement in person.
• Kristina Jones used live testimony from an injured worker who had suffered an occupational disease to bilateral ankles with bilateral ankle replacement to successfully close a case with a Section 20. “The ability to take the gentleman’s testimony and understand his thought process made it easier for me to assess his settlement needs and close this case with a full and final settlement,” she said.

Success in New York:

In New York, Partners Rosanna Shamash, Ian Leaderman, and Samantha Sharpe held a settlement conference with a self-insured employer. The settlement conference culminated in dozens of full and final Section 32 settlements. They strategized with the client directly, sought immediate authority to settle claims and conferenced with injured worker attorneys in the moment. “It was a hugely satisfying day resulting in many settlements, including closure of claims that have been open for several years,” said Samantha.

Managing Partner Sarah Thomas has made it a mission to instill a settlement approach to claims for the last decade. “These successes are a culmination of the continued cultural shift our firm has taken seriously in the settlement space within workers’ comp. We are constantly available to push the envelope – to ask the hard questions – and dig deeper as to why a workers’ comp claim may not be settling. We are always pushing a claim towards a settlement where possible. And when faced with a challenge, our team attacks it head on. Nothing stops a Jones Jones attorney,” she said.

Proud of the firm’s 100-year history and ability to constantly pivot and stay ahead of all workers’ compensation changes and nuances, Executive Partner Matthew Jones explained the settlement focus is part of the firm’s intentional culture, “We talk about settlement approach, best practices and share each other’s wins during our attorney meetings. Learning from one another about best practices for obtaining a settlement using an out-of-the-box approach for a client is exciting. It culminates in a finality that is best for the client, best for the injured worker and rewarding for those of us trying to do our best for our client.”

If you are interested in seeing how a settlement conference can impact your caseload, or if you would like to discuss a settlement strategy-contact settlements@jonesjonesllc.com or sthomas@jonesjonesllc.com. The Jones Jones LLC team is excited to navigate you and your team through the settlements of NY and NJ!