Winning Results

LOIS Obtains a Disallowance for an Occupational Disease Wrist Claim

LOIS Senior Associate Olivia Barna obtained a disallowance in a New York Workers’ Compensation occupational disease claim. The Claimant alleged bilateral carpal tunnel syndrome and injuries to both wrists after repetitive use due to his job duties. Despite Barna’s development of the record, the Law Judge established the occupational disease claim for bilateral carpel tunnel syndrome and to the bilateral wrists. Barna appealed, arguing that the Claimant’s doctor did not have a sufficient history of the Claimant’s job duties and therefore could not provide an adequate opinion on causal relationship. The Board Panel agreed, adopting Barna’s arguments: “The Board Panel finds that [the Claimant’s treating physician] did not possess adequate knowledge to opine on the issue of causal relationship, since his testimony conceded he [was] unaware what heavy objects the Claimant lifted or how much he lifted, or how much of the day he spent lifting objects, only that he drove a truck…We therefore find that the non-specific description of Claimant’s work activities and the failure to set forth credible evidence of the necessary recognizable link…compels the disallowance of the claim.” As a result, no medical treatment and no indemnity award will follow, eliminating the client’s exposure.

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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.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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