HAMBERGER & WEISS LLP attorney Thomas Videon secures a decisive victory as the judge denies benefits and assesses only a modest disability, citing the claimant’s insufficient job search.

HAMBERGER & WEISS LLP attorney Thomas Videon secures a decisive victory as the judge denies benefits and assesses only a modest disability, citing the claimant’s insufficient job search.

The New York State Workers’ Compensation Law requires partially disabled injured workers to maintain a consistent and appropriate search for work within their restrictions to mitigate loss. A claimant’s attachment to the labor market is a key factor when a judge assesses permanent disability.

In a recent case, Thomas Videon of our firm developed the record with testimony from both the claimant and his treating orthopedic surgeon. Although the claimant had submitted 32 job applications from March to June of this year, Thomas carefully researched the requirements of each position. Although many of the jobs were within the claimant’s medical restrictions, some required knowledge of Spanish which the claimant did not have, and others required experience with disabled children, which this claimant also lacked. Some of the jobs required an exertional level well beyond the light-duty capacity which the treating doctor opined was his limit.

Although the treating orthopedic surgeon had testified that the claimant’s disc herniation required light-duty work, Thomas was able to discredit this testimony by highlighting the claimant’s job search which contained several applications for jobs that require a heavier exertional ability.  Not only did the Law Judge hold that the claimant was not attached to the labor market and therefore not entitled to benefits, but the Law Judge also held that the claimant only had a 40% loss of wage-earning capacity, a far lower rating than claimant had asked for.

The attorneys of HAMBERGER & WEISS LLP know that many injured workers want to return to work and are diligent in their search for suitable positions. Others, like the claimant in this case, simply go through the motions in the hopes of collecting payments with little to no effort. With careful preparation, Thomas was able to convince the judge that this claimant was not meeting his obligation under the law to sincerely look for work. 👨‍💼 💼

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