LOIS Secures Discharge and Removal from Notice in Hearing Loss Case

LOIS Associate Alexandra L. Yacyshyn secured a favorable win for her client in obtaining a discharge and removal from notice in a New York Workers’ Compensation occupational hearing loss claim. The Claimant alleged that his work as a welder for 30 years resulted in a loss of hearing. Ms. Yacyshyn argued that her client’s business (a windfarm) generated no exposure to noise that would reach the minimum decibels required to cause hearing loss. Ms. Yacyshyn conducted thorough and rigorous discovery by subpoenaing the Claimant’s union records; it was discovered that the Claimant worked at another job at a steel company. Ms. Yacyshyn argued that the steel company needed to be placed on notice for full development of the record, to which the Law Judge agreed. As a result of her discovery, that employer’s witness conceded that the Claimant was indeed exposed to noise as a welder on a bridge. Ms. Yacyshyn argued that that employer (and not her client) was therefore liable. The Law Judge agreed with Ms. Yacyshyn that the Claimant was exposed to noise with the steel company and not her client’s windfarm and discharged and removed the Employer and Carrier from notice.