Congratulations to Jones Jones Partner Stacee Vaikness on the successful disallowance of a workers’ compensation claim on behalf of a construction client in front of the New York State Workers’ Compensation Board.
In this case, the claimant filed a workplace injury claim for alleged repetitive motion injuries to the right elbow, bilateral hips and knees. At a hearing on October 14, 2025, the claimant testified their pain began approximately six years ago but could not recall where they were working at that time. The claimant also noted they did not seek medical attention until February of 2025. The claimant’s physician could not provide specific evidence as to the type of strenuous work the claimant had been doing that could have resulted in injury. In addition to a lack of evidence, the claimant did not request any changes in their job duties or take any time from work due to the alleged injuries for the past six years.
The claimant’s employer as of October 2025 stated their job duties did not require extensive physical labor such as heavy lifting, and the claimaint never reported an injury. A second recent employer stated the claimant’s work required some lifting, but that they never reported injuries or accidents while working at the company. The carriers for each employer stated that the claimant had no occupational disease or injury exposure.
After a detailed review of the materials, Vaikness argued for a full disallowance based on a lack of sufficient correlation between the claimant’s work duties and alleged injuries. The judge ultimately ruled in favor of Jones Jones’ client, finding insufficient evidence to establish a causal relationship between the claimant’s injuries and occupation. The judge found the claimant’s former employers were more credible sources in the case than the claimant’s doctor.
Congratulations to Vaikness and her team for their work on this case and successful disallowance of the claim on behalf of the construction client. If you are in need of assistance with a workers’ compensation case, please contact our team at concierge@jonesjonesllc.com.
