Congratulations to John Terzulli on another outstanding result for our client.

We are proud to recognize John Terzulli for securing a significant victory before the New York Workers’ Compensation Board Panel in a complex occupational hearing loss claim.

Through a comprehensive factual and medical investigation, John uncovered critical historical evidence that established the claimant had documented hearing loss prior to working for our client. After obtaining medical records from a previous employer, he identified two audiometric tests performed as part of the employer’s hearing conservation program that confirmed the claimant’s pre-existing hearing loss.

John then worked closely with the Independent Medical Examiner, who relied on those records to support a medical opinion in favor of apportionment. At trial, John further strengthened the defense by developing testimony from both the claimant and a representative of the prior employer. Their testimony confirmed the existence of the hearing conservation program, the mandatory hearing tests, and the employer’s knowledge of the claimant’s hearing loss.

Based on this evidence, John successfully argued that Workers’ Compensation Law § 49-ee did not apply because the prior employer had actual notice of the claimant’s condition through its own testing program. The Board Panel agreed, affirming the prior decisions and awarding 32% apportionment against the prior employer.

The result was a $25,270 savings for our client, along with a 32% reduction in future liability for medical treatment and hearing aid costs.

This case demonstrates the value of thorough investigation, strategic use of historical records, and meticulous trial preparation in achieving successful outcomes for our clients.

Congratulations, John, on an exceptional result and another outstanding victory for those we represent.

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