Appellate Victory Delivers Full Defense Win in Long-Running Occupational Disease Claim

Chartwell Partner Marissa J. Huber achieved a significant appellate victory in a hard-fought New York workers’ compensation matter, culminating in a full defense win after more than four years of litigation.

The claim involved allegations by a heavy equipment mechanic who asserted that decades of repetitive work caused bilateral knee injuries and ultimately required knee replacement surgery. Due to the nature of the claim, multiple employers, carriers, and defense counsel were involved over the course of the litigation. Under a last injurious exposure theory, a finding in the claimant’s favor would have placed full liability on Chartwell’s client.

Following extensive testimony from the claimant and multiple treating physicians, Marissa successfully argued for disallowance of the claim before the Workers’ Compensation Law Judge. That decision was subsequently affirmed by a Board Panel and, most recently, by the Appellate Division, Third Department.

The final appellate ruling permanently bars the claim and eliminates all potential medical and indemnity exposure, shielding the client from liability exceeding $200,000.

This result is a reminder of the persistence and focus required to successfully defend occupational disease claims, where outcomes are often shaped over years of sustained effort. It is a tremendous outcome for Marissa and the Chartwell team, whose steady and disciplined approach carried this matter across the finish line.