In re County of Orleans Treasurer, 110417 NYWC, G1356863

Docket Nº:G1356863
Case Date:November 04, 2017
Court:New York
 
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Matter of County of Orleans Treasurer, Employer
No. G1356863
New York Workers Compensation
November 4, 2017
          Date of Accident: 12/07/2015          Issue: Occupational disease          District Office: Rochester          Carrier: Orleans County Self-Insurance, Carrier ID No.: W858005, Carrier Case No.: 6876           Claimant's Attorney: Lewis & Lewis PC           Panel: Clarissa M. Rodriguez           MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION          The Full Board, at its meeting on September 19, 2017, considered the above captioned case for Mandatory Full Board Review of the Board Panel Memorandum of Decision filed January 20, 2017.          ISSUE          The issue presented for Mandatory Full Board Review is whether the record supports finding that the claimant's work caused her bilateral carpal tunnel syndrome and left elbow tendonitis.          The Workers' Compensation Law Judge (WCLJ) found insufficient evidence to support the establishment of an occupational disease of bilateral carpal tunnel syndrome and left elbow tendonitis and disallowed the claim.          The Board Panel majority affirmed the decision of the WCLJ.          The dissenting Board Panel member would find that the claimant provided sufficient credible evidence of causal relationship between her repetitive job duties and her disability.          The claimant filed an application for Mandatory Full Board Review on February 20, 2017, arguing that the claim should be established as the uncontroverted medical evidence supports a finding that the claimant has an occupational disease due to her work duties.          The self-insured employer (SIE) filed a rebuttal on March 21, 2017, asserting that the decision of the Board Panel majority is supported by the record.          Upon review, the Full Board votes to adopt the following findings and conclusions.          FACTS          This is a controverted claim for occupational bilateral carpal tunnel syndrome and left elbow tendonitis. In a C-2F (Employer's First Report of Work-Related Injury/Illness) form filed on January 15, 2016, the employer indicated that the claimant provided notice that her bilateral carpal tunnel syndrome and left elbow tendonitis were caused by repetitive motion at work. In an attached employee incident report, the claimant reported experiencing...

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