The claimant alleged bilateral carpal tunnel syndrome from repetitive produce-clerk duties, even though she had stopped working in January 2020 because of two other claims and did not file the occupational disease claim until July 2024. The passage of time meant that few employer witnesses remained who were familiar with the claimant’s actual work activities.
LOIS Senior Associate Scott A. Grossman used a targeted defense plan. He waived an unnecessary independent medical examination, obtained testimony from two treating physicians, raised the equitable defense of laches, and performed a deep review of the claimant’s treatment history in the other claims. That review uncovered the claimant’s own prior descriptions of her job duties and long-standing hobbies, including gardening, which provided effective cross-examination material. A human resources witness also confirmed that no prior carpal tunnel complaints had been recorded.
One physician could not offer an opinion on causation; the other lacked reliable knowledge of the job duties and conceded discrepancies in the history. The New York Workers’ Compensation Law Judge disallowed the claim and also found the delay independently significant. The result demonstrates how a comprehensive record review can compensate for faded witness availability and prevent a stale occupational disease allegation from creating unsupported exposure.
