.

Favorable Decision Secured in Multi-Million Dollar Workers’ Compensation Matter

October 22, 2025

We received a favorable decision that saved our client millions of dollars. The claimant filed a claim petition alleging he sustained a left shoulder dislocation, stroke, traumatic brain injury, gait dysfunction, central pain syndrome and post-traumatic seizures as a result of a fall at work. After the claimant fell at work and sustained a left shoulder dislocation, he went to the hospital for the dislocation, was treated and discharged. Four days later he sustained a stroke at home. He had multiple surgeries and was hospitalized for four months. He is severely disabled as a result of the stroke and requires full-time care. The claimant initially alleged he sustained a head injury from the fall at work which caused the stroke. He claimed he was bleeding from his nose and mouth and had a laceration to his forehead. We were able to show that did not occur by presenting fact witnesses who established the claimant fell off one step, never hit his head, was not bleeding from his head or face, only dislocated his shoulder, and was discharged home without issue. Claimant’s counsel then alleged the claimant’s stroke was related to a spike in his high blood pressure that placed him in a hypertensive crisis resulting in the stroke. We showed that the claimant had unregulated high blood pressure before the work injury and that he was released from the hospital with high blood pressure, but not enough to be in hypertensive crisis. The judge agreed with our arguments, finding that the claimant only sustained the agreed-upon shoulder dislocation. Therefore, the claimant was awarded one day of wage loss benefits for the shoulder dislocation. The stroke, traumatic brain injury, gait dysfunction, central pain syndrome, and post traumatic seizures were denied and dismissed. As the claimant is only 48 years old and his compensation rate resulted in $30,000 a year wage loss benefit, wage loss for the rest of his life would likely have been around $1 million. The claimant’s medical costs were going to be much higher as he requires round-the-clock care, which over his lifetime would have cost millions. His hospital bills alone were over $1 million, and claimant’s counsel would have argued for home modifications and vehicle modifications. Instead, the claimant will receive a one-day payment of about $88.

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.