LOIS Obtained Rare Discharge and Removal, No Liability for Client

LOIS Associate Alexandra L. Yacyshyn received a favorable decision in a New York Workers’ Compensation claim related to an occupational disease case due to repetitive use. The 33-year-old Claimant worked as a steamfitter for 14 years before changing careers to a financial sales role in 2021 due to continued pain in his bilateral knees from allegedly regular bending, squatting, heavy lifting, stair, and ladder use. The Claimant then filed a claim in 2023. Yacyshyn asserted that either (1) the date of disablement should be March 2019 when the Claimant first saw a doctor for his left knee pain knowing that his regular job duties involved movements that would cause his knee pain (raising a WCL Section 28 defense), or (2) the date of disablement should be June 2021 as the Claimant’s last day worked for the employer due to his bilateral knee condition (since there was no coverage by the Carrier on the date). The Law Judge ultimately denied Yacyshyn’s first argument, reasoning that there was no mention of his work duties causing his knee complaints at that examination. But the Law Judge then adopted the alternative argument in that the date of disablement should the date when the Claimant stopped working for the original employer due to his bilateral knee condition. Yacyshyn successfully moved to be discharged and removed from notice, as the Carrier did not insure the Employer at that time, avoiding liability on the case entirely.