In a recent Workers’ Compensation decision, left cubital tunnel syndrome was disallowed where the claimant relied primarily on a physician’s opinion tying the condition to work activities.
The Board reaffirmed an important principle in New York workers’ compensation law: an opinion of causal relationship alone is not sufficient to establish an occupational disease. Claimants must meet the full legal standard, including competent proof that the condition arose from the distinctive nature of the employment—not just that work “contributed.”
This result reflects the great work of our partner Russell Hall, who successfully challenged the causal nexus and held the claim to the appropriate evidentiary standard.
Well done, Russ, on an aggressive and effective defense. This case is a reminder that occupational disease claims require more than conclusory medical opinions.
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