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...
