Employer on Date of Worker's Diagnosis Held Liable for Benefits

A New York appellate court upheld a determination that the employer at the time a worker was diagnosed with an occupational disease was liable for his benefits, not his latest employer in time. Glen Delaney was a union construction laborer for more than 30 years. In December 2018, an orthopedic surgeon diagnosed him with neuropathy, osteoarthritis and bilateral carpel tunnel syndrome caused by repetitively grasping tools, carrying heavy items and using vibratory equipment and power tools. Orthopedic evaluation and testing in January 2019 produced the same diag...