Congratulations to Partner Lou Stern

Congratulations to Partner Lou Stern

Congratulations to Partner Lou Stern on successfully defending a claim involving a request for temporary partial disability benefits and a voluntary limitation of income.

The claimant sought temporary partial disability benefits from May 2024 to the present and continuing, with penalties, interest, cost, and attorney’s fees for a work-related accident in 2010. The employer/carrier argued that the claimant voluntarily retired in 2016 without just cause, as work was available within her restrictions. The claimant declined the work provided by the employer. Following her voluntary retirement, the claimant neither sought nor obtained employment. Prior to retirement, the claimant allowed her professional certificates to lapse, further voluntarily limiting her income. The employer/carrier argued the claimant’s retirement and lapse in professional certificates were intervening causes, breaking the chain of causation between the claimed accidental injury and claimed temporary partial disability/loss of earnings. Further, they argued the major contributing cause of the claimant’s loss of earnings was not due to the worker’s injury. The JCC ultimately found the claimant had not demonstrated the relationship between the restrictions imposed by her authorized doctor and her loss of earnings. The claimant failed to establish a causal connection between her physical restrictions and her ability to perform her pre-injury job duties. As such, the JCC denied the claim for temporary partial disability and associated fees.

Great Job!

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