Jones Jones LLC is pleased to share that Diane Mandleur and her team recently secured the successful dismissal of a potential schedule loss of use (SLU) claim on behalf of an insurance carrier.
In this case, a retired claimant alleged repetitive use injuries to the left hand, left knee and left hip in their occupational disease claim. The team quickly contacted the employer’s witnesses for additional information about the claimant’s job responsibilities. During this discovery, Jones Jones found that the claimant held more than one position while working for this employer, causing their duties to change over the course of their 36-year tenure.
At the initial hearing in February, the Jones Jones team preserved the carrier’s right to depose the treating providers on the sites alleged and reserved the right to cross examine the claimant on mechanism of injury testimony. The team also requested the claimant provide a list of treating providers and medical releases for any prior treatments relative to the alleged sites of injury.
Through cross examination of records, the Jones Jones team extensively questioned the claimant’s doctor on causal relationship. The team argued the doctor’s opinions lacked reasonable certainty and did not establish a strong link between the alleged occupational disease, or prolonged exposure to hazards due to repetitive tasks, and a distinctive aspect of the claimant’s work.
At the June 4th hearing, Diane and her team argued the claimant’s testimony did not prove a causal relationship between her employment and alleged injuries. The team emphasized the that longstanding case law requires competent medical evidence to establish causation. Because the claimant’s medical providers lacked the necessary evidence, the workers’ compensation law judge dismissed the claim.
After questioning the credibility of the treating providers, the team was successful in dismissing the claim for occupational disease. The dismissal of the claim resulted in an estimated savings of $150,000 in medical treatment and SLU awards for Jones Jones’ client.
Congratulations to Diane and her team for the dismissal of this claim. If you are in need of assistance with a workers’ compensation case, please contact our team at concierge@jonesjonesllc.com. We take claims of occupational disease seriously.
