LOIS Associate Elias M. Aydin and Paralegal Shannon Fitzsimmons obtained a full disallowance at the trial level in a New York Workers’ Compensation occupational disease claim. The Claimant alleged bilateral carpal tunnel syndrome after performing repetitive job duties, where his symptoms began in 2008 but alleged that the condition was not determined to be work-related until 2024. Ms. Fitzsimmons conducted a thorough investigation, which led to the discovery that the Claimant had received treatment when the symptoms initially began and took time off from work. The investigation further revealed evidence of treatment thereafter and an underlying condition appearing to be the cause for the symptoms. Fitzsimmons’s meticulous investigation enabled Aydin to obtain concessions from the Claimant that he was well aware that the alleged condition was work-related in 2008, in addition to obtaining concessions from the Claimant’s treating physician demonstrating a lack of knowledge regarding the Claimant’s medical history and job duties in formulating a recognizable link between the alleged condition and a distinctive work-feature.
At trial, Aydin executed a time-bar defense pursuant to WCL Sections 28 and 45, as the claim was filed well beyond two years after the date of disablement and after the Claimant knew the condition was work-related. Aydin further argued that the Claimant failed to meet his burden of proving causal relationship for the alleged condition being a result of a distinctive feature of Claimant’s employment. Ultimately, the Law Judge agreed with Aydin’s arguments in finding the Claimant and the physician’s testimony as unpersuasive. The Law Judge noted that the physician’s testimony demonstrated a lack of knowledge regarding the Claimant’s specific job duties and that reviewing the prior medical records would be necessary in determining whether there is another cause for the Claimant’s condition. In light of the foregoing, the Law Judge found insufficient evidence to establish an occupational disease claim, and thus the claim was disallowed in its entirety.
