November 21, 2009
/24-7PressRelease/ --
Court Issues Important Victory for Workers' Comp Claimants
Article provided by Law Offices of Dennis Kenny, P.C.
Visit us at
www.denniskennylaw.com
When the workers' compensation system works as intended, it protects and enforces the rights of workers who have suffered work-related injuries or occupational diseases. Unfortunately, the system does not always work as intended; sometimes employers prevent workers with legitimate claims from receiving the benefits they deserve.
Fortunately this was not the outcome in the recent case Deana Curtis v. Xerox et. al. In Curtis, a New York Appellate Court ended a four year fight over a workers' comp claim by finding that the long-time Xerox employee was entitled to benefits for her work-related occupational disease.
Employer Refuses Workers' Comp Claim by 33-Year Employee
Deana Curtis worked for Xerox for 33 years. While she changed employment positions within the company during that time, her main job function was performing data entry. In 2005, Ms. Curtis visited her physician after developing severe pain and swelling in her hands, fingers and wrists. Her physician believed she had developed either carpal tunnel syndrome or severe arthritis from her years spent working on a keyboard. Upon her physician's advice, she stopped working and filed a workers' compensation claim.
A four year battle ensued. Ms. Curtis argued in front of a workers' compensation law judge (WCLJ) and the Workers' Compensation Board for payment of benefits for her work-related occupational disease. The existence of medical records for Ms. Curtis' initial visit to Xerox's own medical department became the central issue in the fight between Ms. Curtis and her employer.
In hearings before the WCLJ in 2006, Ms. Curtis testified that she had visited the plant's medical department. The WCLJ ordered the employer to produce these records, but the employer never did. The WCLJ then found in favor of the employer, stating that the employee had failed to prove that she had an occupationally-acquired injury.
The Workers' Compensation Board rescinded the WCLJ's decision and again ordered the employer to produce the medical records. The employer again failed to do so and did not offer any reason for this failure. The employer eventually claimed that the records did not exist and produced a witness to testify to their nonexistence before the WCLJ. Again, the WCLJ found in favor of the employer.
The Workers' Compensation Board reversed the WCLJ's opinion for a second time. This time, the Board found that, based on the employer's inability to produce the records on repeated occasions, Ms. Curtis was entitled to an inference that the medical records existed and that they showed a diagnosis favorable to her claim that her injuries were work-related.
The employer appealed the Board's decision to the New York Supreme Court, Appellate Division Third Judicial Department.
Missing Medical Records Resolved in Employee's Favor
On appeal, the Appellate Court ruled in favor of Ms. Curtis and upheld the findings of the Workers' Compensation Board. The court held that the Workers' Compensation Board had the authority to draw an inference in favor of Ms. Curtis based on Xerox's repeated failures to produce the medical records as they had been directed.
Further, the court held that there was sufficient medical evidence without the work medical records to substantiate a finding that Ms. Curtis had developed a work-related occupational disease. This was based on testimony by Ms. Curtis' treating physician as well as the orthopaedic surgeon testifying on the employer's behalf, who found that her industrial history could cause carpal tunnel syndrome and that her present medical condition was caused by overuse of her hands.
Important Victory for Employees
The Curtis case is an important demonstration of the New York workers' compensation system working as intended. The case also sends an important message to employers who would try to cheat the system by misplacing or destroying medical records.
Although ultimately this case had a fair resolution, one must shudder to consider what would have happened if Ms. Curtis had simply stopped upon the initial denial of her claim. Here is a woman who has devoted 33 years of her life to her employer - and they attempted to repay her by denying her workers' comp claim after she developed an occupational disease that directly resulted from her years of service to the company. Fortunately in this case, Ms. Curtis eventually was awarded the benefits she had more than earned.
For more information on filing a workers' compensation claim or challenging a denied claim for benefits, contact an experienced workers' comp attorney.
Article provided by Law Offices of Dennis Kenny, P.C.
Visit us at
www.denniskennylaw.com---
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