Congratulations to Russ on yet another outstanding result!

In this case, the claimant alleged overuse and repetitive stress injuries to the neck and shoulder, as a result of his work as a mechanical electrician. He gave notice to his employer more than 2 months after he stopped working. Initially, he claimed a specific and sudden injury on 3/31/25, but later after retaining counsel alleged that it was a “repetitive” injury. Russ developed the record with the testimony the claimant and his supervisor. The credible testimony showed that the claimant stopped working on 8/1/25, but did not provide notice to the employer until 10/17/25. The employer witness confirmed that the job ended on 8/1/25 when the project was completed. During cross-examination of the claimant, Russ was able to elicit testimony that the claimant began noticing problems with his right shoulder and neck in March 2025. The preliminary medical reports in September 2025 make no reference to a work connection. It was not until December 2025 that the treating physician reported any type of  work connection. Russ effectively argued that the only reason why the claimant switched his claim from an accident that occurred on 3/31/25 to an occupational disease was an attempt to avoid section 18 of the WCL which requires 30 days notice of an accidental injury. An occupational disease has a requirement that notice be given within 2 years of the development of the occupational disease. The Administrative Law Judge agreed with the arguments presented by Russ that the claim lacked credibility and notice of any such alleged injury was late.

Well done, Russ—keep them coming!

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