Author: Jones Jones

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!

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

In this case, the claimant sustained work-related injuries to the neck and left shoulder while loading a 60-pound bag of cement onto a work train and filed for permanent partial disability and a 22.5% schedule loss of use (SLU) to the left arm. The claimant did not have an independent medical examiner (IME) and therefore the attending physician’s opinion was the only one on permanency in the matter. In a decision filed on March 21, 2023, the workers’ compensation law judge (WCLJ) found that despite inconsistencies within the attending physician’s report, it was to be relied upon as the only medical report and therefore the claimant was classified with a permanent partial disability and found to have a 5% loss of wage-earning capacity. The WCLJ also found the clamant has a 22.5% SLU of the left shoulder.

Vaikness and her team filed an appeal with the WCLJ and the New York State Workers’ Compensation Board and upon cross examination, the attending physician shared that the claimant never required surgery and was cleared to work full duty with no restrictions where she was required to lift 50-70 lbs. Vaikness argued the 22.5% loss of use was not credible because the claimant was able to return to heavy labor without lost time upon being cleared to return to her pre-injury job. The WCLJ agreed and rescinded the previous findings that the claimant had a permanent partial disability and a 22.5% SLU of the left shoulder.

The decision made by the WCLJ to rescind the previous findings is significant as without an IME, there was no contrary medical opinion on which to rely. Throughout the case, Vaikness and her team demonstrated a level of tenacity in questioning both the attending physician and understanding the claimant’s current work situation. That tenacity, paired with a keen understanding of what determines permanent impairment helped the Jones Jones team showcase a clear lack of medical credibility. As a result, the board agreed that the attending physician’s opinion lacked credibility and ruled in favor of the client.

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

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

In this case the claimant stated they were injured after falling from a height while working for the employer. The employer ultimately denied the claim. Sabghir and team argued the claim should be disallowed as claimant was not working on the date of the incident and they did not provide a timely report of the accident. The team provided thorough documentation proving the claimant was not working or onsite during the date of the claimed accident. The workers’ compensation law judge ultimately agreed with Sabghir and her team, ruling in their favor. The case was disallowed.

Sabghir and her team dedicated extensive time and resources to obtaining comprehensive documentation, including but not limited to sign in/out logs, pre-shift safety logs, and paystubs showing the claimant was not on the job site during the time of the claimed accident. During a detailed and thorough cross-examination, the team was able to emphasize that the claimant’s allegations were incredible. The team’s thorough knowledge of the documentation, site and the processes with which the employees are required to participate led to the claimant contradicting himself and providing an untrustworthy testimony. Sabghir and her team also thoroughly prepared a witness who was familiar with the documents and the defensive position so that his testimony was clear and concise. The success of this case hinged largely on the extensive collaboration between the defense counsel, employer and insurance carrier.

Congratulations to Dana Sabghir and her team. If you have a workers’ compensation case are in need of assistance, please connect with our appellate team today at clientservices@jonesjonesllc.com!

On Friday, Nov. 17, the Manhattan office of Jones Jones LLC hosted its first annual Attorney Summit, gathering its extensive legal team to discuss trends, issues and extend the internal networking of the firm from the remote environment to more personal, in-person discussions.

“As the first of its kind, the Jones Jones LLC Attorney Summit was an exceptional success,” said Executive Partner Matthew Jones. “We had full support and participation from all levels of the organization, starting at the top.”

Senior Partner, Principle and third generation Jones family attorney Bill Jones spoke to open/close the event, which was packed with productive dialogue and insights. “We are already looking forward to what future meetings may have to hold,” he said.

The Jones Jones LLC Attorney Summit was designed to replace both online and water cooler meetings of the recent past, as well as the firm’s prior annual leadership meetings. Held at the Nexus Club of New York, this first annual meeting focused on insights and discussions on new legislative activity and case law, as well as provided a chance for both new and other long-time members of the firm to spend time face-to-face.

“The potential of the Jones Jones Attorney Summit is considerable and exciting for the future of the organization,” said Managing Partner Sarah Thomas. “Before the pandemic led us into a hybrid work structure, we held monthly leadership team meetings, but none of those meetings were as expansive and intentional. The Jones Jones Attorney Summit will allow us to bring together all Jones Jones attorneys from across New York and New Jersey to learn and plan for the future of the firm in a manner that simply cannot be duplicated in a virtual environment given the size of our team and the complexity of the industry issues we must address.”

Programming for the first ever attorney summit included insight into the history and core values of Jones Jones LLC, educational sessions on settlement, construction and case law, a panel discussion on claim reviews and more. The information packed summit was followed by a cocktail hour at Shelby Bar where attorneys had the opportunity to network and mingle.

“It was such a privilege to attend the first annual Jones Jones Attorney Summit,” said New Jersey Attorney Kristina Jones. “Each session held invaluable learnings on important industry topics, and I had the opportunity to connect with and learn from leadership who I do not have the opportunity to work with on a daily basis. The in-person factor brought an essential element to the event and enhanced it to the next level.”

For more information on Jones Jones LLC and the annual Attorney Summit, please visit https://jonesjonesllc.com/.

Jones Jones LLC is pleased to announce that New Jersey Partner Christine Diana recently secured two favorable decisions before the New Jersey State Workers’ Compensation Board on behalf of a construction client.

In the first case, the claimant, a tree service employee, was injured in front of a private residence. Upon initial investigation, Jones Jones found the claimant was not injured on one of the sites covered by the company’s insurance policy. Christine filed a motion to dismiss the claim and the law judge ruled in favor of her motion. Jones Jones’ client was not found responsible for paying any workers’ compensation benefits.

In the second case, the claimant, a private security guard working for a private company that does work with a government entity covered by Jones Jones’ client, was injured on private property. Upon thorough review of the government entity’s insurance policy and the property where the injury took place it was found that the address was private property and not owned by the government entity, meaning it was not covered by the government entity’s insurance policy. Additionally, the claimant was not on the contract with the private entity and therefore also not covered by the government entity’s policy. Christine filed a motion to dismiss, stating there was lack of coverage and employment, and the law judge ruled in favor of her motion.

Throughout each case Christine and her team dedicated extraordinary time and resources investigating and researching the claim. Understanding the site of the accident, learning all the particulars of the injuries and knowing every detail of the insurance policy were all key factors in Christine’s success. Additionally, having a copy of the policy on hand helps to serve as further evidence of lack of coverage. Often the claimant’s attorney does not have a clear understanding of workers’ compensation insurance, specific policy language and what it covers. As a result, these attorneys frequently select the first policy they find for a claim. The defending team’s superior knowledge of not only that specific policy, but of the workings of workers’ compensation insurance, helps defend against often baseless claims.

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