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Kristine Prati Successfully Defends Two Matters Before The Full Commission

May 5, 2016 By wrlaw

Kristine L. Prati of Wilson Ratledge has successfully defended two matters before the Full Commission. In the first matter, the plaintiff appealed the deputy commissioner’s denial of indemnity benefits and compensability of a newly diagnosed occupational disease to the Full Commission. In an Opinion and Award filed on April 22, 2016, the Full Commission upheld the Deputy Commissioner’s determination. Of significance, the Full Commission concluded that the Parsons and Perez presumptions were not applicable to the case, as a prior Consent Opinion and Award with one of the three defendants only accepted compensability of bilateral carpal tunnel syndrome, and not the newly diagnosed occupational disease of flexor carpi radialis tendonitis. Instead, the Full Commission concluded that it was Plaintiff’s burden of proving that the newly diagnosed occupational disease was compensable.

Upon review of the evidence, the Full Commission determined: (1) the plaintiff failed to prove that her employment with any of the named employers placed her at an increased risk of contracting the newly diagnosed occupational disease; (2) the plaintiff failed to prove that her employment with any of the named defendants caused her newly diagnosed occupational disease; and (3) the plaintiff was not entitled to indemnity benefits, as her newly diagnosed occupational disease was the cause of her inability to work, not her compensable carpal tunnel syndrome condition.

In the second matter, the plaintiff appealed the Deputy Commissioner’s full denial of the claim to the Full Commission. In an Opinion and Award filed on May 2, 2016, the Full Commission upheld the Deputy Commissioner’s determination, agreeing that Plaintiff was engaged in her normal work routine at the time of the alleged accident and failed to describe an unlooked for, untoward, or unexpected event that occurred on the alleged date of injury.

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