The 69-year-old drummer - who was a founder member of the band - filed a lawsuit against the 'Crazy' hitmakers after he alleged they wouldn't let him perform because of a "minor" shoulder injury he suffered last year, even though he feels fit and able to do so, and claimed he's being "deprived" of the chance to be recognised alongside the 'Dream On' group at the MusiCares Person of the Year event and the Grammy awards later this week after suffering a "minor" shoulder injury last year.
However, a judge has ruled against him.
According to TMZ, the judge explained: "Given that Kramer has not played with the band in six months and the dearth of available rehearsal time before the upcoming performances, Kramer has not shown a realistic alternative course of action sufficient to protect the band's business interests."
The court ruled to deny his breach of contract petition based on a 1990 employment agreement for the band members, which does not specifically address temporary illnesses.
And in addition, Joey shares in the band's earnings and not performing would not impact his finances negatively nor create new rights.
The musician had previously insisted he hadn't taken legal action for financial reasons.
He said: "Being prohibited from playing with a band that I have given 50 years of my life to supporting, is beyond devastating. This is not about money. I am being deprived of the opportunity to be recognised along with my peers, for our collective, lifetime contributions to the music industry.
"Neither the MusiCares' Person of the Year Award nor the Grammys' Lifetime Achievement honours can ever be repeated."
