NY court revives Suffolk County Water Authority carpal tunnel claim

Jane Brown ; 2025-12-03 11:41:40

Doctors' addendums push the scales as board's read draws fire

Legal Insights

By Matthew Sellers

Nov 24, 2025Share

A New York appellate panel has reinstated a former Suffolk County Water Authority worker’s carpal tunnel claim, finding the Workers’ Compensation Board overlooked key medical updates that supported a workplace cause. The court reversed the denial and sent the case back for a fresh review.

Frank McGann spent 32 years with the Authority, retiring in May 2021 as a senior meter reader. After he left, he reported intermittent tingling and pain in both hands and wrists that had worsened over the prior two years and was diagnosed with bilateral carpal tunnel syndrome. His treating physician, Dr. Harold Avella, said the condition was tied to his job. The employer’s orthopedic consultant, Dr. Steven Goodman, initially disagreed but changed his view after reviewing additional records, including EMG results, and re=examining McGann.

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The self-insured employer contested the claim. At a hearing, McGann and a manager described day-to-day duties over roughly a six-and-a-half-hour workday: entering data on a keyboard, driving to customer locations for collections, and repeated use of tools to open and close meters and shoot water valves with keys – tasks that require gripping, twisting, and squeezing. The employer also raised Workers’ Compensation Law section 114‑a issues, arguing McGann hadn’t initially told the doctors that he started playing pickleball after retirement.

At the employer’s request, the Workers’ Compensation Law Judge directed both physicians to revisit their opinions in light of the testimony about job duties and pickleball. Each submitted an addendum and reaffirmed that McGann’s carpal tunnel syndrome was caused by his work. The Law Judge established the claim as an occupational disease.

On administrative appeal, the Workers’ Compensation Board reversed in a May 17, 2024 decision, finding the medical evidence not credibly tied to work. The Board cited gaps in the onset history, uncertainty about how often McGann performed the tasks in question, and the initial lack of disclosure about pickleball.

The Appellate Division, Third Department, said the Board went too far. While the Board can weigh evidence and question credibility, it cannot reject uncontroverted medical opinions on causation and replace them with its own view – especially after both doctors updated their reports to include the job‑duty details and the pickleball activity. The court noted that McGann consistently reported intermittent symptoms that worsened over two years before retirement, and that his earlier workers’ compensation claim for bilateral shoulder and elbow injuries did not indicate any link to his later carpal tunnel diagnosis. The court reversed, with costs, and remitted the matter to the Board for further proceedings consistent with its decision.

For insurers and self‑insured employers, the takeaway is straightforward: when potential credibility issues surface – like post‑retirement recreational activities – make sure your medical experts explicitly address them. Detailed, on‑the‑record descriptions of the actual tasks performed, particularly repetitive or forceful hand use, can carry significant weight in carpal tunnel cases.