Name
Melissa Triano Gee v. Starlight Lodge Rockport, LLC
Insurance Company
Eastern Alliance Insurance
Date Decided
July 22, 2026
Panel Members
Bryan Chabot
Christine Smith
Mike Stovall
Categories
Compensability Pre-Existing Injury Medical Evidence Compensability Medical Evidence Pre-Existing InjuryTags
File Size
211 KB
DownloadSummary from the Troubh Heisler Attorneys
Melissa Triano Gee v. Starlight Lodge Rockport, Inc. – where ALJ found employee medical expert lacked accurate facts to support causation opinion, the Appellate Division affirmed ALJ’s determination that employee failed to meet her burden of proof that a work related injury occurred. Gee claimed she aggravated a preexisting arthritic neck condition when she fell at work on August 5, 2020. She treated with Dr. Desai but mentioned only preexisting symptoms. Gee did not tell the doctor of the claimed work injury. Dr. Desai completed neck surgery. In 2024 her attorney wrote Dr. Desai seeking an expert medical causation opinion which informed the doctor of the injury for the first time. The ALJ found did not find the employee’s report of the work event credible because she did not mention it to her providers when she first sought treatment.
The Appellate Division held the ALJ did not commit error. In preexisting condition cases, expert medical causation opinion is required to meet the burden of proof. The ALJ is the sole judge of credibility. Where the medical expert opinion was not based on competent evidence, the ALJ could reject that opinion.