Patricia Maher in C&W's Maryland office obtained a Defense verdict in an Occupational Disease Workers compensation case. The Claimant is a life long volunteer firefighter. She is 63 years old and continued to work as a volunteer firefighter. She pursued a claim for occupational disease to her feet. She claimed post-tibial tendinopathy and had surgery in Januaryy 2015. The employer/insurer's Independent Medical Examiner (IME) said her treatment was necessary and she received excellent care. He did find no causal connection to her duties as a firefighter but gave her a 40% impairment to the right foot/ankle. Attorney Maher filed issues for AWW. Firefighters are paid TTD based on their paid employment and their PPD rating is always at second tier or higher. Claimant was retired from her paid job and Attorney Maher claimed she could not use the retirement as a basis for AWW.

The Claimant's attorney argued that the treating doctor and his IME stated that her condition was from 25 years of work as a volunteer firefighter and she continued to need further treatment.  Attorney Maher pointed out that her treating doctor said she may have gout and then mentioned a prior foot problem from years ago, but no one could state what that was exactly!

The Claimant admitted on the stand that she did not know she could receive benefits from the firefighters for her foot problems until some colleagues discussed it at the firehouse.  Attorney Maher further pointed out that her doctor recorded that she has pes planovalgus deformity (a foot development problem).

The Commission ruled that the Claimant did not sustain an occupational disease and the claim was disallowed.