John Terzulli successfully obtained a full disallowance after a carefully litigated record revealed that the claimant failed to meet the burden of proof required under the Workers’ Compensation Law.

Through targeted cross‑examination and a disciplined presentation of the evidence, John established that the claim lacked proof of occupationally induced hearing loss. The litigation focused on several critical deficiencies, including the claimant’s inability to demonstrate sufficient work‑related noise exposure, inconsistencies in the factual history relied upon by the medical providers, and shortcomings in the audiometric and medical evidence offered in support of causal relationship.

John presented testimony of multiple employer witnesses that disproved the general allegations made by the claimant that he was exposed to “loud machinery” while working as a bus supervisor in garages and the train yard. The employer witnesses established that the noise level was well below the injurious level of 85 dB average for an eight hour day. John also was able to prove that the treating physician was under a misimpression regarding the magnitude and extent of the claimant’s noise exposure thereby eliminating the foundation for the medical opinion on causation to work. The case was ultimately disallowed based upon the lack of credible evidence of injurious noise exposure and because the treating physician did not have an accurate history supporting the opinion on causal relationship.

By grounding the defense in objective proof, credibility analysis, and well‑settled law, John persuasively demonstrated that the claim could not be sustained, resulting in a complete disallowance.

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