Winning Results

LOIS Attorney Brian Mooney Secures Disallowance of Occupational Disease Claim due to Claimant’s Prior Music Career

LOIS Associate Attorney Brian Mooney secured a disallowance of an occupational disease claim due to repetitive use of the hands. In this case, the Claimant alleged bilateral carpal tunnel syndrome and ulnar nerve entrapment from working for approximately two weeks at a grocery store. The Claimant alleged that his duties, which consisted of stocking and operating a cash register, led to the development of his condition. Mooney contested the claim from the outset and ordered a battery of investigations, including a social media canvass and covert surveillance. The surveillance revealed that the Claimant was an active musician performing at local establishments. During Mooney’s cross-examination, the Claimant admitted to playing five different instruments which all involved fine, repetitive manipulation of the hands and fingers. The Claimant also testified that prior to his employment at the grocery store, he had a nearly 30-year career as a healthcare educator in a position which involved significant typing. The Claimant’s treating physician was unaware of his musical endeavors and prior employment when rendering a medical opinion on causal relationship and disability. At trial, Mooney successfully argued that the Claimant and treating physician failed to establish the necessary causal link between the job duties at the grocery store and the alleged condition. It was highlighted that the Claimant’s condition was most likely developed as a result of his music career and/or extensive prior work experience, rather than two weeks of work at the grocery store. Accordingly, the Law Judge adopted Mooney’s arguments, agreeing with his position, and disallowed the claim. As a result, the Claimant was precluded from receiving medical and indemnity benefits.

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We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

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