I&F prevails with employment defense in carpal tunnel claim
In this case, the petitioner was terminated following a positive drug test which followed a separate slightly earlier alleged accident. Three months later he began receiving treatment for carpal tunnel syndrome while employed elsewhere. A year later the petitioner filed an Application alleging an accident date consistent with first date of treatment. The petitioner also later filed a second Application alleging an accident date consistent with the EMG/NCV testing date. Both accident dates fall at times where he was no longer employed by the respondent.
The Arbitrator denied accident for a number of reasons; however, the primary reason was that the petitioner failed to show that an employment relationship existed between the petitioner and the respondent on either alleged date of accident. Had the petitioner alleged last date of employment with the named respondent as his accident date, this issue would have been moot.
Congratulations to Steve McClary for the excellent result.